Rosenthal v. Pleck
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Door county: W. B. Quinlan, Judge. Action for specific performance of a written contract to exchange lands. A part of tbe land wbicb defendant agreed to convey was bis homestead. No valuations of the separate parcels owned by each of the parties or of the whole thereof were contained in the agreement.
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Appeal from a judgment of the circuit court for Door county: W. B. Quinlan, Judge. Action for specific performance of a written contract to exchange lands. A part of tbe land wbicb defendant agreed to convey was bis homestead. No valuations of the separate parcels owned by each of the parties or of the whole thereof were contained in the agreement. Defendant’s wife was named as a party in the contract to exchange, but she did not sign it, and she refused to join in a conveyance. The court refused specific performance, but rendered judgment for plaintiff for $1,000, the amount of liquidated…
1Opinion of the CourtViNJE, J.
Prior to the amendment of sec. 2203, Stats. 1898, by ch. 45, Laws 1905, the section, as to alienation of homesteads, read:
“No mortgage or other alienation by a married man of his homestead, exempt by law from execution, shall be valid or of any effect as to such homestead without the signature of his wife to the same.”
In Jerdee v. Furbush, 115 Wis. 277, 91 N. W. 661, decided in 1902, it was held, following the logic of Conrad v. Schwamb, 53 Wis. 372, 10 N. W. 395, and Ferguson v. Mason, 60 Wis. 377, 19 N. W. 420, that the husband’s disability extended only to such alienation of the land as…
2Cases cited11 opinions
- Ferguson v. MasonWisconsin Supreme Court · 1884
- Krakow v. WilleWisconsin Supreme Court · 1905
- Tampa & Jacksonville Railway Co. v. AndersonSupreme Court of Florida · 1908
- Thomas v. CraftSupreme Court of Florida · 1908
- Silander v. GronnaNorth Dakota Supreme Court · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Glinski v. SheldonWisconsin Supreme Court · 1979
- Jenkins v. HuntsingerNew Mexico Supreme Court · 1942
- State Bank of Drummond v. ChristophersenWisconsin Supreme Court · 1980
- Papenthien v. CoerperWisconsin Supreme Court · 1924
- Krueger v. GrothWisconsin Supreme Court · 1926
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