Best v. Gunther
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Wauke-sha county: Jakes J. Dice, Circuit Judge. Action to foreclose a mortgage upon real estate. It appears that the defendants, Arthur W. Gunther and Mary T. Gunther, are husband and wife, and that at the time in question Mary T. Gunther owned the real estate involved in this litigation.
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Appeal from a judgment of tbe circuit court for Wauke-sha county: Jakes J. Dice, Circuit Judge. Action to foreclose a mortgage upon real estate. It appears that the defendants, Arthur W. Gunther and Mary T. Gunther, are husband and wife, and that at the time in question Mary T. Gunther owned the real estate involved in this litigation. There is no dispute but that on November 21, 1898, she executed a general power of attorney to sell, to convey, and to mortgage her real estate, in favor of her husband, Arthur W. Gunther, giving and granting to him as full power and authority to do everything…
1Opinion of the Court
The following opinion was filed June 23, 1905:
SiebecKeb, J.
The question presented is whether the recording of the instrument signed by Mary T. Gunther, purporting to revoke the power granted to her husband to convey her lands, operated to terminate this agency. The common law required that a revocation of such authority be brought to the personal notice of the agent. Kelly v. Phelps, 57 Wis. 425, 15 N. W. 385; Walker v. Denison, 86 Ill. 142. It is not claimed that, at the time he executed the mortgage here involved, Arthur W. Gunther had been actually notified that his authority under the…
2Cases cited9 opinions
- Fallass v. PierceWisconsin Supreme Court · 1872
- Pringle v. DunnWisconsin Supreme Court · 1875
- Walker v. DenisonIllinois Supreme Court · 1877
- Bailey v. GalpinSupreme Court of Minnesota · 1889
- Gilbert v. JessWisconsin Supreme Court · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lazov v. BlackWashington Supreme Court · 1977
- Waterside Apartments, Inc. v. Havee (In re R. S. Grist Co.)United States Bankruptcy Court, S.D. Florida. · 1980
- Yawkey-Crowley Lumber Co. v. AckerWisconsin Supreme Court · 1928