Morrison v. Koch
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. Action to foreclose a mortgage on certain mill property in the county of Dodge, executed by the defendants John F. Koch and Erank Koenig to Laura A. Hustis, to secure the payment of part of the purchase money for the mortgaged premises. The premises were conveyed to the mortgagors by John Hus-tis and his wife, the said Laura A. Hustis. The mortgage was assigned by Mrs. Hustis to one Ludington, and by bim to the plaintiff.
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APPEAL from the Circuit Court for Dodge County. Action to foreclose a mortgage on certain mill property in the county of Dodge, executed by the defendants John F. Koch and Erank Koenig to Laura A. Hustis, to secure the payment of part of the purchase money for the mortgaged premises. The premises were conveyed to the mortgagors by John Hus-tis and his wife, the said Laura A. Hustis. The mortgage was assigned by Mrs. Hustis to one Ludington, and by bim to the plaintiff. John Hustis did not join with his wife in tbe assignment to Ludington. The conveyance from Hustis and wife to the mortgagors,…
1Opinion of the CourtLyon, J.
I. It is contended by the learned counsel for the appellants, that the assignment of the mortgage by Mrs. Hus-tis to Ludington is invalid, because her husband (who, it is assumed, was the original owner of the mortgaged premises, and is therefore the owner of the mortgage) did not join with her in making such assignment. One difficulty with this position is, that there is no evidence that the husband ever owned the mortgaged premises. The facts that he joined in the conveyance to the mortgagors, and that he became a covenantor therein, are entirely consistent with the hypothesis that Mrs.…
2Cited by10 opinions
- Patterson v. WrightWisconsin Supreme Court · 1885
- Brown v. Ocean Accident & Guarantee Corp.Wisconsin Supreme Court · 1913
- Field v. SiegelWisconsin Supreme Court · 1898
- Sheldon v. DavidsonWisconsin Supreme Court · 1893
- Gauthier v. Atchison, Topeka & Santa Fe Railway Co.Wisconsin Supreme Court · 1922
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