Butler v. Bank of Mazeppa
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Douglas county: E. D. Marshall, Oircuit Judge. This is an action for the foreclosure of a mortgage on real property, and tbe sole question is whether tbe plaintiff’s mortgage is a prior lien to a mortgage on tbe same premises held by tbe defendant bank.
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Appeal from a judgment of tbe circuit court for Douglas county: E. D. Marshall, Oircuit Judge. This is an action for the foreclosure of a mortgage on real property, and tbe sole question is whether tbe plaintiff’s mortgage is a prior lien to a mortgage on tbe same premises held by tbe defendant bank. Tbe essential facts were shown to be as follows: In the month of May, 1893, the plaintiff owned a purchase-money mortgage for $3,000, upon the east half of lot 8, and all of lots 9 and 10, in block 60, in the plat of the city of Superior, which was admitted to be a first lien upon the whole…
1Opinion of the CourtWiNslow, J.
There can be no doubt but that, as between the plaintiff and Eowler, the plaintiff’s mortgage was the prior lien, notwithstanding the fact that they were apparently contemporaneous in execution, and the further fact that Fowler’s mortgage was first recorded. This results from the fact that. the plaintiff’s mortgage was simply an extensionyw tanto of his previously existing purchase-money mortgage, which fact Fowler knew when he took his mortgage, arid voluntarily accepted it with the knowledge that it was intended to be, as it was in fact, a subsequent lien. Jones v. Parker, 51 Wis. 218. Such…
2Cases cited7 opinions
- Greene v. . WarnickNew York Court of Appeals · 1876
- Fallass v. PierceWisconsin Supreme Court · 1872
- Ely v. WilcoxWisconsin Supreme Court · 1866
- Decker v. . BoiceNew York Court of Appeals · 1880
- Westbrook v. . GleasonNew York Court of Appeals · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Marling v. NommensenWisconsin Supreme Court · 1906
- Hastings v. WiseMontana Supreme Court · 1932
- United States v. RosebushDistrict Court, E.D. Wisconsin · 1942
- Allison v. ManzkeWisconsin Supreme Court · 1903
- Huitink v. ThompsonSupreme Court of Minnesota · 1905
14 more not listed; retrieve them via the Exa API.