Legal Opinion

Beebe v. Wisconsin Mortgage Loan Co.

Wisconsin Supreme Court

Decided March 21, 1903PublishedCited by 12 opinions

Appeal from a judgment of tbe circuit court for Cbippewa county: A. J. ViNje, Circuit Judge. Tbe issues raised by tbe pleadings and tbe cause of action of plaintiff will sufficiently appear by tbe findings of tbe trial court bere given, in tbe language thereof as near as tbe same is necessary in order to clearly indicate tbe idea therein contained: (1) July 28, 1897, and prior thereto, plaintiff owned a vendee’s interest in tbe land described in tbe complaint, under a…

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Appeal from a judgment of tbe circuit court for Cbippewa county: A. J. ViNje, Circuit Judge. Tbe issues raised by tbe pleadings and tbe cause of action of plaintiff will sufficiently appear by tbe findings of tbe trial court bere given, in tbe language thereof as near as tbe same is necessary in order to clearly indicate tbe idea therein contained: (1) July 28, 1897, and prior thereto, plaintiff owned a vendee’s interest in tbe land described in tbe complaint, under a contract made in tbe usual form with him by tbe bolder of tbe legal title, A. C. Bruce, upon which contract there was due tbe…

1Opinion of the CourtMaRsutaut., J.

Tbe main question to be decided is, Did tbe court err in concluding from tbe evidence tbat tbe relations of mortgagor and mortgagee were created between plaintiff and the loan company? It is suggested as a conclusive circumstance in favor of appellant tbat after tbe land contract was assigned to tbe company and it gave back tbe agreement to respondent, tbe relations of debtor and creditor did not exist between them, an element ordinarily vital to tbe relations of mortgagor and mortgagee. True, a mortgage, not being an interest in land, but only a lien on land, a mere incident of something it…

2Cases cited14 opinions

  1. Hoile v. BaileyWisconsin Supreme Court · 1883
  2. Jordan v. Estate of WarnerWisconsin Supreme Court · 1900
  3. Cumps v. KiyoWisconsin Supreme Court · 1899
  4. Schriber v. LeClairWisconsin Supreme Court · 1886
  5. McCormick v. HerndonWisconsin Supreme Court · 1887

9 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Bickel v. WessingerOregon Supreme Court · 1911
  2. Wozniak v. WozniakWisconsin Supreme Court · 1984
  3. Kruse v. KoelzerWisconsin Supreme Court · 1905
  4. Wells v. GeyerNorth Dakota Supreme Court · 1903
  5. Webb v. MasonWisconsin Supreme Court · 1913

7 more not listed; retrieve them via the Exa API.

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