Lane v. Duchac
Wisconsin Supreme Court
APPEAL from the Circuit Court for Lcmglacle County. The action is to foreclose a mortgage executed by the defendants Joseph, Duchac and wife to Barbara M. Rhyner, on certain lands in Langlade county, to secure the payment of an unnegotiable promissory note for $300, and interest, given by said Joseph Duchac to said Barbara.
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APPEAL from the Circuit Court for Lcmglacle County. The action is to foreclose a mortgage executed by the defendants Joseph, Duchac and wife to Barbara M. Rhyner, on certain lands in Langlade county, to secure the payment of an unnegotiable promissory note for $300, and interest, given by said Joseph Duchac to said Barbara. The note and mortgage were given for a loan of money, and bear date May 29, 1883. The mortgage purports to have been recorded May 31, 1883, in the office of the register of deeds of that county. The loan was made to Duchac by one Louis Schintz, of Appleton, a land and loan…
1Opinion of the CourtLtost, J.
I. On all objections to the validity of the mortgage in suit and the right of the plaintiff to maintain this action to foreclose it, the court held with the plaintiff, except upon the question of the validity of the registry thereof. In view of the undisputed fact that the defendant MeOully took a conveyance of the mortgaged land adversely to the mortgage, without actual notice of its existence, the question of the validity of the registry goes to the right of the plaintiff to a judgment of foreclosure as against him, and is therefore a vital one in the case.
1. One defect in the registry of…
2Cases cited4 opinions
- Oconto Co. v. JerrardWisconsin Supreme Court · 1879
- Maxwell v. HartmannWisconsin Supreme Court · 1881
- Lombard v. CulbertsonWisconsin Supreme Court · 1884
- Hay v. HillWisconsin Supreme Court · 1869
3Cited by21 opinions
- Wynn v. GrantSupreme Court of North Carolina · 1914
- Campbell v. GowansUtah Supreme Court · 1909
- Stuart v. Board of Supervisors of ElectionsCourt of Appeals of Maryland · 1972
- Wynn v. . GrantSupreme Court of North Carolina · 1914
- In Re Petition of KruzelWisconsin Supreme Court · 1975
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