Hait v. Houle
Wisconsin Supreme Court
APPEAL from the County Court of Brown County. This action was brought against George Houle and Mary, his wife, to foreclose a mortgage alleged to have been executed, acknowledged and delivered by them on the 12th of January, 1859, to one Berner, to secure a note for $232 of same date.
Read the full summary
APPEAL from the County Court of Brown County. This action was brought against George Houle and Mary, his wife, to foreclose a mortgage alleged to have been executed, acknowledged and delivered by them on the 12th of January, 1859, to one Berner, to secure a note for $232 of same date. The mortgaged premises were a farm of fifty-six acres; and the mortgage was recorded January 26th, 1859. The answer of Mary Houle denies, inter alia, that she ever executed, acknowledged or delivered the mortgage. In the special allegations of the answer it is admitted that she signed a written instrument…
1Opinion of the Court
By the Oourt,
Dixon, G. J.
It is clear that Mrs. Houle did not acknowledge the execution of the mortgage at the time Last, the notary, took the acknowledgement of her husband. Mr. Houle executed and acknowledged it on the 12th day of January, and it is not pretended that Mrs. Houle executed it until the 26th. She could not well have acknowledged it before executing it, nor is it claimed that she did. We think it extremely doubtful whether she ever acknowledged it at all. In fact there is no sufficient evidence that she did. The certificate of acknowledgment is dated January 12th. It was drawn…
2Cases cited2 opinions
- Martin v. DwellyCourt for the Trial of Impeachments and Correction of Errors · 1830
- Elwood v. KlockNew York Supreme Court · 1852
3Cited by15 opinions
- Quinlan v. Houston & Texas Central Railway Co.Texas Supreme Court · 1896
- Union Cemetery v. City of MilwaukeeWisconsin Supreme Court · 1961
- Whitlock v. GossonNebraska Supreme Court · 1892
- Bushnell v. LoomisSupreme Court of Missouri · 1911
- Godfrey v. ThorntonWisconsin Supreme Court · 1879
10 more not listed; retrieve them via the Exa API.