Webb v. Meloy
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Fayette County. Action to foreclose a mortgage executed 'by the defendants Neugent and wife to the plaintiff, to secure the payment of $130, and dated and recorded September 22,. 1869. The following facts appear by the pleadings and proofs: On the 18th of November, 1867, Neugent and wife executed to.one Kennedy a mortgage on the same lands to secure the payment of $900 and interest.
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APPEAL from the Circuit Court for La Fayette County. Action to foreclose a mortgage executed 'by the defendants Neugent and wife to the plaintiff, to secure the payment of $130, and dated and recorded September 22,. 1869. The following facts appear by the pleadings and proofs: On the 18th of November, 1867, Neugent and wife executed to.one Kennedy a mortgage on the same lands to secure the payment of $900 and interest. The mortgage was given to secure payment of the purchase money of the premises, and was recorded on the same day, Neugent made the first payment thereon, which, was $200, and…
1Opinion of the CourtLyon, J.
I. At the time Meloy took the conveyance of the equity of redemption in the mortgaged premises, it is very clear that in equity there was no merger of his prior incum-brances with the title thus conveyed to him. In equity such incumbrances doubtless remained in full force and paramount to the lien of the plaintiff’s mortgage, notwithstanding such conveyance. Wé think that the learned counsel for the appellants has fairly demonstrated, on principle and by authority, that this proposition is correct.
But the sale and conveyance of the mortgaged premises by Meloy to Blain for a price sufficient…
2Cases cited1 opinion
- Catlin v. PedrickWisconsin Supreme Court · 1863
3Cited by20 opinions
- Woodward v. McCollumNorth Dakota Supreme Court · 1907
- Herman v. FelthousenWisconsin Supreme Court · 1902
- Coe v. ManseauWisconsin Supreme Court · 1885
- In re Estate of McCormickWisconsin Supreme Court · 1900
- Sage v. McLaughlinWisconsin Supreme Court · 1874
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