Aspinwall v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action to foreclose a mortgage on certain lots in Madison, executed by the defendant Christine Massing and her late husband to the plaintiff. The defendant railway company, contemplating an extension of its railway upon one of the mortgaged lots, purchased and took a conveyance of such lot of and from the mortgagors, after the execution and recording of the plaintiff’s mortgage.
Read the full summary
APPEAL from the Circuit Court for Dane County. Action to foreclose a mortgage on certain lots in Madison, executed by the defendant Christine Massing and her late husband to the plaintiff. The defendant railway company, contemplating an extension of its railway upon one of the mortgaged lots, purchased and took a conveyance of such lot of and from the mortgagors, after the execution and recording of the plaintiff’s mortgage. Afterwards the railway was constructed upon the lot hs contemplated. i During the progress of the action in the circuit court, tire railway company made application to…
1Opinion of the CourtLyon, J.
"When the appellant took a conveyance of the lot in question from the mortgagors, it had made no improvements *476thereon, hut the value of the lot had been increased $250 by the fact that the appellant then contemplated the construction of a line of railway in that vicinity. The only question presented by this appeal is, whether such increased value should be included in, or excluded from, an appraisal made for the purpose of fixing the amount whic^r the appellant may be liable to pay to clear the lot from the lien of the plaintiff’s mortgage.
The statute provides that in a case like this, the…
2Cases cited1 opinion
- Bigelow v. West Wisconsin Railway Co.Wisconsin Supreme Court · 1871
3Cited by5 opinions
- Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
- West v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
- Riddle v. Lodi Telephone Co.Wisconsin Supreme Court · 1921
- Platt v. BrightNew Jersey Court of Chancery · 1879
- Stamnes v. Milwaukee & State Line Railway Co.Wisconsin Supreme Court · 1907