Martin v. Morris
Wisconsin Supreme Court
APPEAL from the Circuit'Court for Chippewa, County. This action was brought to charge the defendant, as trustee of the plaintiff, in respect to an undivided half of lot 2, block 14, in the village (now city) of Chippewa Palls, and for an accounting for the rents and profits thereof. The facts are somewhat involved, but, as they are claimed by the plaintiff to be, are fully and clearty stated in the findings of the circuit judge.
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APPEAL from the Circuit'Court for Chippewa, County. This action was brought to charge the defendant, as trustee of the plaintiff, in respect to an undivided half of lot 2, block 14, in the village (now city) of Chippewa Palls, and for an accounting for the rents and profits thereof. The facts are somewhat involved, but, as they are claimed by the plaintiff to be, are fully and clearty stated in the findings of the circuit judge. Although somewhat lengthy, it is deemed advisable to insert them here in full. They are as follows: “ 1. That at the time of the commencement of this action, Edgar K…
1Opinion of the CourtLyoN, J.
1. The first question presented by the assignment of errors herein, for consideration, is, Did the conveyance of lot 2, block 14, by Phelps and Corwith to John N. Hall vest in the latter the absolute title to and estate in such lot? The argument on behalf of the appellant is to the effect that because the Dousman mortgage was executed prior to any conveyance of the lot by Allen, the mortgagor, the foreclosure of that mortgage cut off all subsequent interests therein, and Phelps and Corwith, the purchasers at the mortgage sale, took the absolute title by the sheriff’s deed, and conveyed the…
2Cases cited14 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Oliver v. PiattSupreme Court of the United States · 1845
- May v. Le ClaireSupreme Court of the United States · 1871
- Buchan v. SumnerNew York Court of Chancery · 1847
- Pringle v. DunnWisconsin Supreme Court · 1875
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Johnson v. WilliamsSupreme Court of Kansas · 1887
- American Mortgage Co. v. HutchinsonOregon Supreme Court · 1890
- Kruschke v. StefanWisconsin Supreme Court · 1892
- Gibson v. GibsonWisconsin Supreme Court · 1899
- Lundgreen v. StrattonWisconsin Supreme Court · 1889
8 more not listed; retrieve them via the Exa API.