Dana v. Duluth Trust Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas, county: ChaRles Smith, Judge. An action in equity involving the question of whether a real-estate mortgage owned by plaintiff is a lien on property described therein, paramount to the claim of defendant Duluth Trust Company under a tax deed acquired by such company while acting as agent for the plaintiff in respect to> caring for his mortgage securities, including the one in question.
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Appeal from a judgment of the superior court of Douglas, county: ChaRles Smith, Judge. An action in equity involving the question of whether a real-estate mortgage owned by plaintiff is a lien on property described therein, paramount to the claim of defendant Duluth Trust Company under a tax deed acquired by such company while acting as agent for the plaintiff in respect to> caring for his mortgage securities, including the one in question. The trial court found the issue of law in plaintiff’s-favor on the following facts: Erom May, 1892, to November, 1894, the trust company was plaintiff’s…
1Opinion of the CourtMaesiiall, J.
It is familiar that the relations between principal and agent are such that the latter cannot rightfully speculate with the property of the former under his *667charge, or acquire any interest therein to the prejudice of his principal. So, if such property be real estate, the agent cannot acquire a valid tax title thereon, or any interest therein, in breach of his duty to his principal. Geisinger v. Beyl, 71 Wis. 358. But the rule in that regard is satisfied in equity by avoiding a tax deed wrongfully obtained, at the suit of the principal, on condition of his reimbursing the agent for the money…
2Cases cited8 opinions
- Smith v. LewisWisconsin Supreme Court · 1866
- McMahon v. McGrawWisconsin Supreme Court · 1870
- Avery v. JuddWisconsin Supreme Court · 1866
- Fisk v. BrunetteWisconsin Supreme Court · 1872
- Ellsworth v. CordreySupreme Court of Iowa · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Krzysko v. GaudynskiWisconsin Supreme Court · 1932
- Doss v. StateMississippi Supreme Court · 1930
- Hill v. BuffingtonWisconsin Supreme Court · 1900
- State v. McKaySupreme Court of Iowa · 1904
- First Trust Co. of Lincoln v. RickettsCourt of Appeals for the Eighth Circuit · 1934