Schroeder v. Arcade Theater Co.
Wisconsin Supreme Court
Appeals from a judgment of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. This is. an action brought by the plaintiff, as trustee for bondholders, to foreclose a certain mortgage in the form of a trust deed, executed by the defendant Berlin Arcade Real Estate Company (hereafter referred to for convenience sake as “Real Estate Company”). The Real Estate Company, in the year 1912, was the owiie'r of a ninety-nine-year lease upon the-- following…
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Appeals from a judgment of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. This is. an action brought by the plaintiff, as trustee for bondholders, to foreclose a certain mortgage in the form of a trust deed, executed by the defendant Berlin Arcade Real Estate Company (hereafter referred to for convenience sake as “Real Estate Company”). The Real Estate Company, in the year 1912, was the owiie'r of a ninety-nine-year lease upon the-- following described real estate, to wit:'Lote numbered fourteen (14) and fifteen (15) in-block numbered twelve (12)',. in W. P. Young’s…
1Opinion of the Court
*98The following opinion was filed July 13, 1921:
Doerfler, J.
We will first take up the issue raised by the answer of the Theater Company and as contained in question No. 1 set forth in the preceding statement of facts.
A deed of trust in this state is a mere security for money advanced under the bond issue, and in legal effect is nothing more than a mortgage. Hoyt v. Fass, 64 Wis. 273, 279, 25 N. W. 45. In fact, in the instant case, the trust deeds are characterizéd as mortgages.
It has been held in this state that the title remains in the mortgagor, and the mortgagee holds the mortgage as such,…
2Cases cited33 opinions
- Brinkman v. JonesWisconsin Supreme Court · 1878
- Ellis v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
- Hogsett v. EllisMichigan Supreme Court · 1868
- Hartung v. WitteWisconsin Supreme Court · 1884
- Boone v. RobertIllinois Supreme Court · 1889
28 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Haber v. Pacific Electric Railway Co.California Court of Appeal · 1926
- Marshall & Ilsley Bank v. Guaranty Investment Co.Wisconsin Supreme Court · 1934
- Caldwell v. HillSupreme Court of Georgia · 1934
- Jones v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1932
- R. F. Gehrke Sheet Metal Works v. MahlWisconsin Supreme Court · 1941
11 more not listed; retrieve them via the Exa API.