Karger v. Steele-Wedeles Co.

• Decision Date: 16 May 1899
• Citation: Karger v. Steele-Wedeles Co., 103 Wis. 286, 79 N.W. 216 (Wis. 1899)
• Parties: KARGER ET AL. v. STEELE-WEDELES CO. ET AL.
• Court: Wisconsin Supreme Court

103 Wis. 286

79 N.W. 216

KARGER ET AL.

v.STEELE-WEDELES CO. ET AL.

Supreme Court of Wisconsin.

May 16, 1899.

Appeal from circuit court, Ashland county; John K. Parish, Judge.

Foreclosure suit by Simon Karger and others against the Steele-Wedeles Company and others. Decree for plaintiffs, and defendant the Steele-Wedeles Company appeals. Affirmed.Tomkins & Merrill, for appellant.

Gleason & Sleight, for respondents.

WINSLOW, J.

This is an action of foreclosure of a real-estate mortgage, and the question presented is whether an attachment lien takes precedence of a prior mortgage upon the property, executed and delivered in good faith, but not recorded until after the levy of the attachment and filing of the certificate of attachment. The trial court held that the mortgage lien was prior to the attachment lien, and this conclusion was undoubtedly correct. The rule is thus correctly stated in 1 Wade, Attachm. § 253: “The attachment only operates upon the interest in the premises which the debtor has at the time of the levy. This is the general rule, and is only varied by statutes which give the attaching creditor the same standing as subsequent purchasers without notice.” See, also, Drake, Attachm. (7th Ed.) § 234. Our recording act only protects “a subsequent purchaser in good faith and for a...