Avery v. Judd
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bodge County. Action by. tbe assignee of a mortgage of land, executed and recorded in 1853, to bave a tax deed of tbe land adjudged void.
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APPEAL from the Circuit Court for Bodge County. Action by. tbe assignee of a mortgage of land, executed and recorded in 1853, to bave a tax deed of tbe land adjudged void. Tbe mortgage was made by one Burgit; and it is alleged that be sold and conveyed tbe premises to one Jones; “ and that afterward, in 1859, the defendant Judd, tbrougb several mesne conveyances, became tbe owner of tbe equity of redemption, * * claiming title under said Burgit and Jones, and bolding tbe premises subject to tbe payment of said mortgage.” The tax deed was issued in 1862 to Judd as as-signee of tbe certificate…
1Opinion of the CourtDixon, C. J.
If the title or security of the mortgagee is endangered by the fraudulent acts or misconduct of the mortgagor in possession, I do not doubt the jurisdiction of equity to interfere, to correct the title or to remove obstructions thus thrown in the way. This will be done at the suit of the mortgagee, or bis assignee, not only against the mortgagor but also against any other person in possession of the mortgaged premises under him. The power to do so results from the relation existing between the parties. It is a relation of trust, arising from the nature of the contract as a security, and the…
2Cited by23 opinions
- Jordan v. Estate of WarnerWisconsin Supreme Court · 1900
- Jordan v. SayreSupreme Court of Florida · 1892
- Schreiber v. CareyWisconsin Supreme Court · 1880
- Stears v. HollenbeckSupreme Court of Iowa · 1874
- Gorton v. PaineSupreme Court of Florida · 1881
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