Karger v. Steele-Wedeles Co.
| Decision Date | 16 May 1899 |
| Citation | 103 Wis. 286,79 N.W. 216 |
| Parties | KARGER ET AL. v. STEELE-WEDELES CO. ET AL. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
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.
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: See, also, Drake, Attachm. (7th Ed.) § 234. Our recording act only protects “a subsequent purchaser in good faith and for a valuable consideration,” who first records his conveyance, from the effect of a prior unrecorded conveyance, and does not extend to attaching creditors. Rev. St. 1898, §§ 2241, 2242. The same principle has been applied to a mechanic's lien in this state. Mathwig v. Mann, 96 Wis. 213, 71 N. W. 105. Judgment affirmed.
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... ... property attached only to the extent of the debtors' ... actual interest therein. Barnes v. Cox, 58 Neb. 175, ... 79 N.W. 550; Karger v. Steele-Wedeles Co., 103 Wis ... 286; Potter v. McDowell, 43 Mo. 93; Stilwell v ... McDonald, 39 Mo. 282; Wright v. Techener, 104 ... ...
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...mortgage. Kohn v. Lapham,(1900). See, also, Bank of Ukiah v. Petaluma Say. Bank, 100 Cal. 00, 35 Pac. 170; and Karger v. Steele-Wedels Co., 103 Wis. 286, 79 N.W. 216. In Kohn v. Lapham, supra, the court “If the plaintiff was, in fact, a purchaser or incumbrancer in good faith, and without n......