Garlie v. Rowe

The following opinion was filed November 7, 1928:

Stevens, J.

Sec. 235.01 of the Statutes provides that “no mortgage . . . by a marri'ed man of his homestead, exempt by law from execution, . . . without his wife’s consent, evidenced by her act of joining in the . . . mortgage, *259. . . shall be valid or of any effect whatever.” This homestead worth less than $5,000 was by law exempt from execution. Sec. 272.20, Stats.

The plaintiff Carrie Garlie denied under oath upon the witness stand that she ever wrote what purports to be her signature upon the mortgage. The record is barren of any proof to…