Gilbert v. Jess
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. Action to foreclose a mortgage executed by Barron, the grantor of the defendant Jess.
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APPEAL from the Circuit Court for Dodge County. Action to foreclose a mortgage executed by Barron, the grantor of the defendant Jess. It is alleged in the complaint that such mortgage was executed by Barron, on or about the 24th of August, 1848, to one Gilbert (the plaintiff’s testator), as collateral security to a bond of the same date, and was duly acknowledged and delivered, and was afterwards, on the 26th of August, 1848, recorded in the proper register’s office ; that the defendant Jess claims an interest in the whole mortgaged premises, except five acres, by virtue of a deed from…
1Opinion of the CourtCole, J.
The circuit court held the mortgage valid in respect to a portion of the mortgaged premises, and from this decision neither of the defendants has appealed. In determining *114tbe question whether the mortgage is now a valid lien upon the other portions of the mortgaged premises, it is necesssary to consider whether it was essential that it should have been witnessed in order to create such a lien as between the mortgagor and mortgagee, or as between the plaintiffs and a purchaser of the equity of redemption with actual notice of its existence. The mortgage was executed under the territorial…
2Cases cited4 opinions
- Ely v. WilcoxWisconsin Supreme Court · 1866
- McMahon v. McGrawWisconsin Supreme Court · 1870
- Merwin v. CampSupreme Court of Connecticut · 1819
- Myrick v. McMillanWisconsin Supreme Court · 1860
3Cited by16 opinions
- Brinkman v. JonesWisconsin Supreme Court · 1878
- Parkside Realty Co. v. MacDonaldCalifornia Supreme Court · 1913
- Harrass v. EdwardsWisconsin Supreme Court · 1896
- Leinenkugel v. KehlWisconsin Supreme Court · 1888
- Walter v. HartwigIndiana Supreme Court · 1886
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