Lardner v. Williams
Wisconsin Supreme Court
Appeal from a judgment of the county court of Wauke-sha county: M. S. GbaswoLD, Judge. This is an action to reform and foreclose two certain mortgages upon the same parcel of real estate. The mortgages, amounting to $2,000, were executed by the defendant luoina H. 'Williams to H. K. and B. G-. Edgerton, assignors of the plaintiff, and were in the usual form, purporting to mortgage the fee of the premises, and were signed simply Luoina H. Williams.
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Appeal from a judgment of the county court of Wauke-sha county: M. S. GbaswoLD, Judge. This is an action to reform and foreclose two certain mortgages upon the same parcel of real estate. The mortgages, amounting to $2,000, were executed by the defendant luoina H. 'Williams to H. K. and B. G-. Edgerton, assignors of the plaintiff, and were in the usual form, purporting to mortgage the fee of the premises, and were signed simply Luoina H. Williams. The mortgaged premises were originally the property of one William P: Williams, the husband of Lucina, who died in March, 1881, testate, and the…
1Opinion of the CourtWiNslow, J.
The findings of fact were fully proven by •clear and satisfactory evidence, and it is not deemed necessary or profitable to review the evidence to demonstrate *519• that it supports the findings. The questions remaining for -consideration are purely legal, and are two in number, viz.: (1) Did the power given in the will to the widow, Lxicina, authorize her to mortgage the premises ? and (2) If the power to mortgage was granted by the will, then was such power exercised by the execution of mortgages which contained no reference to the power? and, if it was not, could such mortgages be reformed and…
2Cases cited9 opinions
- Kent v. MorrisonMassachusetts Supreme Judicial Court · 1891
- Mutual Life Insurance v. ShipmanNew York Court of Appeals · 1890
- Green Bay & Mississippi Canal Co. v. HewittWisconsin Supreme Court · 1885
- Whitmore v. HayWisconsin Supreme Court · 1893
- Lovass v. OlsonWisconsin Supreme Court · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hamilton v. HamiltonSupreme Court of Iowa · 1910
- Commercial Casualty Ins. Co. v. LawheadCourt of Appeals for the Fourth Circuit · 1933
- Shearer v. PringleWisconsin Supreme Court · 1930
- Auer v. BrownWisconsin Supreme Court · 1904
- Lord v. RobertsSupreme Court of New Hampshire · 1931
9 more not listed; retrieve them via the Exa API.