Murphy v. Farwell
Supreme Court of Wisconsin
9 Wis. 102 (1859)
A property was subject to two mortgages, the second of which was held by Murphy (plaintiff). The first mortgagee foreclosed on the property without giving Murphy notice. Farwell (defendant) bought the property at the foreclosure sale under the first mortgage. In the interim, Murphy also foreclosed on the property and purchased the property at the foreclosure sale under the second mortgage. Murphy did not give notice of his foreclosure to the first mortgagee or Farwell. Murphy filed suit and tendered payment to Farwell to redeem the property from the first foreclosure sale. Farwell objected to the tender, arguing that his right to redeem the property was superior. The trial court ruled that Farwell owned the property and had the right to pay off the second mortgage. Murphy appealed.
Rule of Law
Holding and Reasoning (Paine, J.)
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