Vilas v. McDonough Manufacturing Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland county: JoHN K. Paeish, Circuit Judge. This is an action to foreclose a mortgage on a lumber mill and other property in the city of Ashland. On the 31st day of December, 1890, the plaintiff lent to one Donald A. Kennedy, who was then the owner of the mill and land, $10,000, and took a mortgage thereon, dated the same day, and recorded on the 10th day of January, 1891, for security for its repayment.
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Appeal from a judgment of the circuit court for Ashland county: JoHN K. Paeish, Circuit Judge. This is an action to foreclose a mortgage on a lumber mill and other property in the city of Ashland. On the 31st day of December, 1890, the plaintiff lent to one Donald A. Kennedy, who was then the owner of the mill and land, $10,000, and took a mortgage thereon, dated the same day, and recorded on the 10th day of January, 1891, for security for its repayment. Before making the loan, the plaintiff mado inquiry as to the title to the property, and as to incum-brances upon it, and was assured that…
1Opinion of the CourtNewMAN, J.
The question is whether' the appellant’s lien for machinery supplied to Kennedy’s mill after the date of the execution of the plaintiff’s mortgage upon the mill property, is prior and paramount to the lien of the mortgage. This question must be determined upon the proper interpretation of the statute which gives the lien. It is sec. 3314 of the Eevised Statutes. So far as material to the question to be decided, it reads as follows:
“Every person who, as principal contractor, architect,, civil engineer or surveyor, performs any work or labor, furnishes any materials, or prepares any plans or…
2Cases cited8 opinions
- St. Louis & San Francisco Railway Co. v. GillSupreme Court of the United States · 1895
- Ritchie v. PeopleIllinois Supreme Court · 1895
- State v. JulowSupreme Court of Missouri · 1895
- Wimberly v. Mayberry & Co.Supreme Court of Alabama · 1891
- Mallory v. La Crosse Abattoir Co.Wisconsin Supreme Court · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Barker & Stewart Lumber Co. v. Marathon Paper Mills Co.Wisconsin Supreme Court · 1911
- Roseliep v. HerroWisconsin Supreme Court · 1931
- Premier Investments v. Suites of America, Inc.Indiana Supreme Court · 1994
- Schroeter Bros. Hardware Co. v. Croatian "Sokol" Gymnastic Ass'nSupreme Court of Missouri · 1933
- Fitzgerald v. WalshWisconsin Supreme Court · 1900
14 more not listed; retrieve them via the Exa API.