94 Wis. 488 | Wis. | 1896
The plaintiff’s contention is that the mortgages in question were fraudulent in law, because they purported to secure a debt of $7,000 presently owing, whereas in fact but $6,200, at most, was then owing, and the balance was to be advanced in the future. In Barkow v. Sanger, 47 Wis. 500, it was said in the opinion, on page 505, “ The decisions in this court do not hold that a chattel mortgage which is given for a sum greater than is actually due the mortgagee is fraudulent and void in law.” The cases of Butts v. Peacock, 23 Wis. 360, and Blakeslee v. Rossman, 43 Wis. 123, are then reviewed, and shown not to go to that extent. It was suggested in that case that in case it should appear that the discrepancy arose by mistake, or in case it was agreed that the mortgagee should presently advance enough to make up the difference, the inference of fraud
By the Court.— Order affirmed.