Shove v. Larsen
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Foreclosure of a mortgage. The defendants claimed the land free from the lien of the mortgage, as subsequent purchasers, without actual or constructive notice thereof. The essential facts are stated in the opinion.
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APPEAL from the Circuit Court for Dane County. Foreclosure of a mortgage. The defendants claimed the land free from the lien of the mortgage, as subsequent purchasers, without actual or constructive notice thereof. The essential facts are stated in the opinion. Judgment for the plaintiff; and the' defendants appealed. contended that neither the record of a defective deed nor the defective record of a good deed is constructive notice, citing to the former point Skulls v. Moore, 1 McLean, 520; 5 Clarke (Iowa), 95; 3 Minn., 225; 5 i ., 323; 11 Ill., 300, 320; 7 Watts & S., 440; Isham v. Iron…
1Opinion of the CourtCole, J.
The question to be decided in this case is, whether the mortgage sought to be foreclosed was recorded in such a manner as to make the record thereof constructive notice to subsequent purchasers. Upon this point we have been referred to a number of authorities by counsel upon both sides; but we shall not examine them to any extent in this opinion, since we are satisfied the decision must mainly rest upon the construction to be given the statute in force when the mortgage was recorded.
It appears that the mortgage in question was duly executed and acknowledged, so as to entitle it to be…
2Cases cited13 opinions
- Choteau v. JonesIllinois Supreme Court · 1849
- Ely v. WilcoxWisconsin Supreme Court · 1866
- Isham v. Bennington Iron Co.Supreme Court of Vermont · 1847
- Merrick v. WallaceIllinois Supreme Court · 1858
- Sanger v. CraigueSupreme Court of Vermont · 1838
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Oconto Co. v. JerrardWisconsin Supreme Court · 1879
- Pringle v. DunnWisconsin Supreme Court · 1875
- Country Motors, Inc. v. Friendly Finance Corp.Wisconsin Supreme Court · 1961
- St. Croix Land & Lumber Co. v. RitchieWisconsin Supreme Court · 1889
- Worthington Corp. v. MoskowitzWisconsin Supreme Court · 1963
4 more not listed; retrieve them via the Exa API.