Legal Opinion

Hekla Fire Insurance v. Morrison

Wisconsin Supreme Court

Decided November 21, 1882PublishedCited by 8 opinions

APPEAL from the Circuit Court for Wood County. The case is thus stated by Mr. Justice Tayloe : “ This is an appeal from an order of the circuit court making School District No. 3 of the Town of Lmcóbn a defendant to the action. The action is brought to foreclose a mortgage given by Morrison and. his wife to the appellant to secure the payment of $600, borrowed money.

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APPEAL from the Circuit Court for Wood County. The case is thus stated by Mr. Justice Tayloe : “ This is an appeal from an order of the circuit court making School District No. 3 of the Town of Lmcóbn a defendant to the action. The action is brought to foreclose a mortgage given by Morrison and. his wife to the appellant to secure the payment of $600, borrowed money. The property mortgaged was conveyed to Morrison by one John Potvine, his father-in-law, in the life-time of said Potvine, who had deceased before the mortgage was given. The deed from Potvine recites that the consideration for…

1Opinion of the CourtTayuoR, J.

The counsel for the plaintiff and appellant insists that the learned circuit judge erred in granting the petition of the school district, and ordering it to be made a party defendant, for two reasons: (1) That the petition does not show that the plaintiff was not a mortgagee in good faith, and without any knowledge of the rights of the school district, if it in fact has any rights as against Morrison, the grantee of Potvine; and (2) that it clearly shows that the right which the district claims to have, to collect the amount of its debt out of the mortgaged premises, is superior, to and…

2Cases cited8 opinions

  1. Board of Supervisors v. Mineral Point RailroadWisconsin Supreme Court · 1869
  2. Strobe v. DownerWisconsin Supreme Court · 1860
  3. Palmer v. YagerWisconsin Supreme Court · 1865
  4. Pelton v. FarminWisconsin Supreme Court · 1864
  5. Roberts v. WoodWisconsin Supreme Court · 1875

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

3Cited by8 opinions

  1. Bolton v. DonavanNorth Dakota Supreme Court · 1900
  2. Gilchrist v. FoxenWisconsin Supreme Court · 1897
  3. Herman v. FelthousenWisconsin Supreme Court · 1902
  4. Milwaukee Trust Co. v. Van ValkenburghWisconsin Supreme Court · 1907
  5. Lego v. MedleyWisconsin Supreme Court · 1891

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

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