Foster v. Hickox
Wisconsin Supreme Court
APPEAL from the County Court of Milwaulcee County. 'Foreclosure of a mortgage executed by James Hiclcox, in 1868, to secure payment of a note for $2,000, and interest, the same being a part of the purchase money of the mortgaged premises. The defendant, Ada Hiclcox did not join in the mortgage.
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APPEAL from the County Court of Milwaulcee County. 'Foreclosure of a mortgage executed by James Hiclcox, in 1868, to secure payment of a note for $2,000, and interest, the same being a part of the purchase money of the mortgaged premises. The defendant, Ada Hiclcox did not join in the mortgage. The complaint alleges that she “ is the wife of said defendant James Hiclcox, and has or claims to have some interest in said premises, by reason of said relation to him, which interest, if any, is subject to the lien of said mortgage; ” and it asks judgment in the usual form, barring the rights of all…
1Opinion of the CourtRyan, C. J.
It appears by the complaint that the appellant’s husband and codefendant made the mortgage in suit for purchase' money upon his purchase of the mortgaged premises, and that the appellant is not a party to it. It does not appear whether the transaction took place before or during the cover-*411tare of the'appellant. But the complaint states that she has or claims some interest by reason of her relation to the mortgagor.
Ch. 89, sec. 1, R. S., provides that the widow shall be entitled to dower in all lands of which the husband was seized during the marriage, unless barred. Sec. 8 provides that when…
2Cases cited6 opinions
- Mills v. . Van VoorhiesNew York Court of Appeals · 1859
- Bell v. Mayor of New-YorkNew York Court of Chancery · 1843
- Bailey v. IngleeNew York Court of Chancery · 1830
- Wood v. TraskWisconsin Supreme Court · 1859
- Tabele v. TabeleNew York Court of Chancery · 1814
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Stewart v. StewartWisconsin Supreme Court · 1877
- Hausmann Bros. Manufacturing Co. v. KempfertWisconsin Supreme Court · 1896
- Mash v. BloomWisconsin Supreme Court · 1905
- Hunt v. McDonaldWisconsin Supreme Court · 1905
- O'Malley v. MillerWisconsin Supreme Court · 1912
1 more not listed; retrieve them via the Exa API.