Johnson v. Brice
Wisconsin Supreme Court
-Appeal from a judgment of the circuit court for La Crosse ■county: O. B. Wyman, Circuit Judge. On the 28th day of July, 1888, and for some time thereafter, George W. Briee was the register of deeds for La Crosse county, Wisconsin,, and his codefendants were the sureties on his official bond.
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-Appeal from a judgment of the circuit court for La Crosse ■county: O. B. Wyman, Circuit Judge. On the 28th day of July, 1888, and for some time thereafter, George W. Briee was the register of deeds for La Crosse county, Wisconsin,, and his codefendants were the sureties on his official bond. On the day named James B. Canterbury, then the owner of lot 13, block 2, of Spier & Canterbury’s addition to the city of La Crosse, mortgaged the same, together with ten other lots, to one Schaller to secure the payment of a note of $1,500, the mortgage being on or about its date filed for record with…
1Opinion of the CourtMarshall, J.
A number of questions are discussed in appellants’ brief, not of controlling importance in disposing of the appeal, therefore they will be passed without special mention. The facts are found by the jury on sufficient evidence to present for consideration this question: Where it is the official duty of the register of deeds to keep a tract index and he fails to perform that duty in respect to a mortgage upon a particular parcel of land, and thereafter a person relying upon such index as correct purchases such parcel believing it to be free from incumbrances, and subsequently, on discovering…
2Cases cited7 opinions
- Braman v. . BinghamNew York Court of Appeals · 1863
- Eaton v. LymanWisconsin Supreme Court · 1872
- Coburn v. LitchfieldMassachusetts Supreme Judicial Court · 1882
- Chase v. HeaneyIllinois Supreme Court · 1873
- Noonan v. IlsleyWisconsin Supreme Court · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Milton McCray v. State of MarylandCourt of Appeals for the Fourth Circuit · 1972
- Title Guaranty & Surety Co. v. CommonwealthCourt of Appeals of Kentucky · 1911
- Killilea v. DouglasWisconsin Supreme Court · 1907
- Rising v. DickinsonNorth Dakota Supreme Court · 1909
- Patterson v. CapponWisconsin Supreme Court · 1905
6 more not listed; retrieve them via the Exa API.