Citizens Loan & Trust Co. v. Witte
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. This is an action to foreclose several notes, and a mortgage to secure the same, executed by the defendants John Schoer-ner and wife, May 8, 1890, to Paul Jenisch, for $2,000, with interest at six per cent., due November 8, 1895. It is found by the trial court, and is undisputed, that Jenisch transferred the notes and mortgage to one Daniel Goldstein, August 5, 1896, and that Goldstein…
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Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. This is an action to foreclose several notes, and a mortgage to secure the same, executed by the defendants John Schoer-ner and wife, May 8, 1890, to Paul Jenisch, for $2,000, with interest at six per cent., due November 8, 1895. It is found by the trial court, and is undisputed, that Jenisch transferred the notes and mortgage to one Daniel Goldstein, August 5, 1896, and that Goldstein died, and the plaintiff was appointed administrator of his estate before the commencement of this action, and as such…
1Opinion of the CourtCassoday, C. J.
The defendants Otto and Katharine Witte purchased the mortgaged premises, and in the deed to them covenanted and agreed to assume and pay the mortgage ■as a part of the purchase price. They now claim, and the trial court apparently held, that their agreement was a nullity by reason of the fact that they were husband and wife and ■sued as such, and that the husband must be held jointly with his wife or not at all. They further contend that she was not liable because it was not alleged nor proved that at the time *63■of receiving tbe deed she bad any separate estate or property of any kind, nor…
2Cases cited8 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- Chambers v. WatsonSupreme Court of Iowa · 1882
- Fiedler v. HowardWisconsin Supreme Court · 1898
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- Ketchum v. WalsworthWisconsin Supreme Court · 1856
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3Cited by10 opinions
- Bassler v. RewodlinskiWisconsin Supreme Court · 1906
- Wallace v. St. JohnWisconsin Supreme Court · 1903
- Estate of FischerWisconsin Supreme Court · 1964
- Kriz v. PeegeWisconsin Supreme Court · 1903
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