Whorton v. Webster
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wood County. The case is thus stated, by Mr. Justice Taylob : “ This action was brought to foreclose a mortgage which, at the time the action was commenced, was owned by Scott and Whorton in equal shares. It was originally given to and owned by Scott, and he sold one half of the debt and mortgage to Whorton.
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APPEAL from the Circuit Court for Wood County. The case is thus stated, by Mr. Justice Taylob : “ This action was brought to foreclose a mortgage which, at the time the action was commenced, was owned by Scott and Whorton in equal shares. It was originally given to and owned by Scott, and he sold one half of the debt and mortgage to Whorton. Webster had a mortgage on most of the real estate covered by the Scott mortgage, which was given by the same mortgagors, and at the same time, but with an express stipulation contained therein that it should be subsequent to the Scott mortgage in fact.…
1Opinion of the CourtTaylob, J.
There are some things which were settled by the two former appeals in this case. On the first appeal it was settled that the undivided half of the Scott mortgage was not merged into the title in fee which the Whortons, or one of them, obtained from the mortgagors of Scott and Webster, and it follows, as a logical conclusion, that their possession was the possession of the owner of the title in fee, and not the possession of a mortgagee. It is evident that the purchase of the undivided half of the Scott mortgage did not give the Whortons any right to. the possession or use of the mortgaged…
2Cases cited6 opinions
- Gardner v. HearttNew York Supreme Court · 1846
- Yates v. JoyceNew York Supreme Court · 1814
- Lane v. HitchcockNew York Supreme Court · 1817
- Frankland v. MoultonWisconsin Supreme Court · 1856
- Starks v. RedfieldWisconsin Supreme Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cream City Mirror Plate Co. v. CoggeshallWisconsin Supreme Court · 1910
- Nelson v. ChurchillWisconsin Supreme Court · 1903
- Werebeychick v. Morris Land Development Co., Inc.Supreme Court of Connecticut · 1928
- Diamond v. Tau Holding Corp.New York Supreme Court · 1927
- Sittauer v. AlwinSupreme Court of Minnesota · 1922
3 more not listed; retrieve them via the Exa API.