Thauer v. Smith

This action was submitted to the county court of Dodge county under the provisions of sec. 269.01, Stats., upon a stipulation of facts, to secure the judgment of that court as to whether the plaintiff or the defendant was entitled to the proceeds of a certain mortgage foreclosure sale. The respective rights of the parties thereto rest upon the following facts: On October 1, 1923, one Dan T. Williams and wife executed to one Karl F. Lange a note secured by mortgage upon the premises involved. This mortgage was recorded October 2, 1923., On April 21, 1924, Lange assigned the note and mortgage…