Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1910-01-19
COURT DECISION FAvoRs FARMERS
William Selbach is Held Responsible
for Heavy Loss

The attention of the circuit court at
Sparta on Thursday last was occupied
by the arguments of ATTORNEYS in the
case of Westby State Bank. VS.. Bank
of VirOqua, VIM. Setback, VIM. Bried-
enstein, Albert Bridung and Bennie
Taylor. The case was argued through
out the day by Attorneys G. w. and r
B. Graves for the plaintiff, C. j. Smith
for defendant bank of Viroqua, and j.
Henry Bennett for the defendants Bert
w. Wood, VIM. Briedenstein, Albert
Bridung and Bonnie Taylor. The de
cision of the court was announced i'm
mediately following the argument in
favor of the defendants last named.
The case attracted considerable atten-
tion, was given wide publicity of a
sensational character by the La Crosse
and Milwaukee papers. 1t was tried
here at the late term of court and ap-
peared in evidence that William Sell
bach sold farm to one Wood. taking
his note and mortgage for 81, 600; tn re-
after, under pretext that MIR. Bennett
who had prepared the note had by mis-
take not drawn it so as to correspond
with the mortgage, Mr.. Setback pro-
cured Mr.. Wood to execute a second
note in the same amount. The first
note was to be destroyed but was not
Setback negotiated the first note to the
Bank of Westby and the second, with
the mortgage, to the Bank of Viroqua.
He then obtained Mr.. Wood to deed
the land back in payment of the debt.
Thereupon he sold the lands to the three
farmers Briedenstien, Bridung and Tay-
Tor. He then mortgaged the lands again
to the Bank of Firoqua and this last
mortgage the court holds was given
after Setback had parted with all his
interests by warranty deed to the pur-
chasers. In fact Setback is said to have
admitted that at the time he mortgaged
the lands last to the Bank of Viroqua
he then had in his pocket the three
deeds to the purchasers named which he
was bringing to the registry to be re-
corded. The CENSOR is not given to
sensationalism the facts being sensa-
tional enough.
Judge Higbee finds as conclusions of
law the following:
l. The substitution Of the note of $4,000, oper-
ated to carry with it the security of the mortgage
upon the premises in question.
2. The transfer and delivery of the same by
Setback to the Westby bank carried no interest In
said mortgage
9. The conveyance by Wood to Selbach operated
as payment in discharge of said mortgage.
4. That the defendants Breidenstein. BREEDING
and Taylor took title to said premises free and
clear of any lien under or by virtue of said mort
gage.
5. That the possession of said land by the de-
PENDANTS Breidenstein. Breidung and Taylor was
notice 10 the Bank of Viroqua of their right title
and int rest therein, at the time of the taking and
execution of said note of 81 593 July 2s. 1908.
6. That Selbach having conveyed all his right
title and interest before July Is 1903 and the pur-
/ chasers then being in possession the execution
and delivery Of the mortgage Of $3.50 to the Bank
of Yiroqua created no lien upon the premises OF
any part or portion thereof.
| 4 That judgment be rendered in favor Of the
defendants Breidenstein. Breidung and Taylor
cancellng and diseharging the record of the mort.
cages of S4 900 and 81 593 and that they have and
receive costs and disbursement against the West
/ by State bank