Fallass v. Pierce
Wisconsin Supreme Court
APPEAL irom the Circuit Court for Outagamie County. Action for the foreclosure of a mortgage. On the 28th day of March, 1859, the defendant, William H. Pierce, mortgaged the lands in controversy, to the defendant Blanchard, the mortgages being recorded upon the same day.
Read the full summary
APPEAL irom the Circuit Court for Outagamie County. Action for the foreclosure of a mortgage. On the 28th day of March, 1859, the defendant, William H. Pierce, mortgaged the lands in controversy, to the defendant Blanchard, the mortgages being recorded upon the same day. On the 2d day of April, in the same year, Blanchard assigned the mortgages to Rice, but the assignments were not recorded until June 21, 1861. Blanchard then executed to Pierce, on the 10th of August, 1859, an instrument embracing both a quit-claim deed of the premises and a release of the mortgages, which instrument was…
1Opinion of the Court
The following opinion was filed at the June term, 1870:
Cole, J.
If we assume that the quit-claim deed containing the release of the two mortgages was fraudulent and void, so far as William H. Pierce is concerned, and that Parks is an innocent purchaser, for a valuable consideration, how then would the case stand under the recording acts ? That quitclaim deed was executed by Blanchard, the mortgagee, to Pierce, August 10, 1859, and recorded December 8,1860. The mortgages were assigned by Blanchard to Rice, previously, April 2, 1859 ; but those assignments were not recorded until June 21, 1861.…
2Cases cited3 opinions
- Jackson ex dem. Merrick v. PostNew York Supreme Court · 1836
- Ely v. WilcoxWisconsin Supreme Court · 1866
- Fort v. BurchNew York Supreme Court · 1848
3Cited by42 opinions
- Caswell v. CaswellIllinois Supreme Court · 1887
- Bump v. DahlWisconsin Supreme Court · 1965
- Kordecki v. RizzoWisconsin Supreme Court · 1982
- Marling v. NommensenWisconsin Supreme Court · 1906
- Prickett v. MuckWisconsin Supreme Court · 1889
37 more not listed; retrieve them via the Exa API.