Bannister v. Phelps
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. This action was brought to foreclose a mortgage against Mary Bannister, the plaintiff’s mother, 'Nathaniel Phelps, a judgment creditor of said Mary, and F. A. Putnam, receiver of the property, etc., of Mary Bannister, appointed in proceedings supplementary to execution on a judgment against her in favor of the defendant Phelps, in the circuit court for Eond du Lac county, for about $300, rendered a few days after the…
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APPEAL from the Circuit Court for Fond du Lao County. This action was brought to foreclose a mortgage against Mary Bannister, the plaintiff’s mother, 'Nathaniel Phelps, a judgment creditor of said Mary, and F. A. Putnam, receiver of the property, etc., of Mary Bannister, appointed in proceedings supplementary to execution on a judgment against her in favor of the defendant Phelps, in the circuit court for Eond du Lac county, for about $300, rendered a few days after the execution and recording of the mortgage in question, which was March 15, 1890. At the time the mortgage was executed by the…
1Opinion of the CourtPiNNey, J.
After careful consideration of the evidence contained in the bill of exceptions, and of all the facts and circumstances of the case, we feel constrained to hold that the plaintiff’s mortgage is not fraudulent, but is a valid security against all the lands described in it. The right of a creditor to take a mortgage or other security upon the property of his debtor, which, by reason of his superior diligence, will amount to a preference over all his other, creditors, although the debtor may be pecuniarily embarrassed or in failing circumstances, or judgments are about to be taken against him,…
2Cases cited4 opinions
- Stevens v. BreenWisconsin Supreme Court · 1890
- Anstedt v. BentleyWisconsin Supreme Court · 1884
- Erdall v. AtwoodWisconsin Supreme Court · 1891
- Mehlhop v. PettiboneWisconsin Supreme Court · 1882
3Cited by6 opinions
- J. E. Paulson & Co. v. WardNorth Dakota Supreme Court · 1894
- Lockren v. RustanNorth Dakota Supreme Court · 1899
- Bleiler v. MooreWisconsin Supreme Court · 1896
- Barr v. ChurchWisconsin Supreme Court · 1892
- Sunday Creek Coal Co. v. BurnhamNebraska Supreme Court · 1897
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