53 Wis. 173 | Wis. | 1881
In actions to foreclose mortgages .courts aré expressly empowered, at any time after judgment and before sale, to grant leave to amend the summons, complaint, and all
It is conceded that the plaintiff had full knowledge of the existence of the Cary mortgage at the time he took his mortgage dated December 4, 1873. Section 2241, R. S., only protects subsequent purchasers in good faith for a valuable consideration, and not those who purchase with the knowledge of an outstanding unrecorded mortgage. In such case, to purchase in good faith is to purchase without knowledge of the outstanding incumbrance, or any information sufficient to put the purchaser upon inquiry. Mere suspicion or rumor of payment is not sufficient to do away with the effect of such knowledge. This, in effect, has often been held by this court, as appears from the authorities cited by counsel for the
By the Court. — The judgment of the circuit court appealed from is reversed, and the causé is remanded with direction to enter judgment in favor of the appellants in accordance with this opinion.