Citizens Bank of Clinton v. Jones
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Rock •county: B. E. DuNwiddie, Circuit Judge. Tbis is an action to foreclose a mortgage alleged to bave been executed by the defendants William and Rosa B. -Jones February 17, 1896, to secure a note executed by William Jones of the same date. .Mrs.
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Appeal from a judgment of tbe circuit court for Rock •county: B. E. DuNwiddie, Circuit Judge. Tbis is an action to foreclose a mortgage alleged to bave been executed by the defendants William and Rosa B. -Jones February 17, 1896, to secure a note executed by William Jones of the same date. .Mrs. Jones separately answered to the effect that she was the wife of William Jones; that they were living upon the mortgaged premises as their homestead; that she had no interest therein except the inchoate right of dower and homestead; and she denies that she ever acknowledged the execution of the…
1Opinion of the CourtCassoday, C. J.
It is contended that the mortgage is void as to the homestead on the ground that it was never executed or acknowledged by Mrs. J ones. The claim is that at the request of her husband she was induced to sign a blank form of mortgage on his representation that it was to be used for the accommodation of the bank and did not concern her in any way; and that subsequently, and without her knowledge or consent and in her absence, it was filled up and signed by the *451two witnesses and certified by tlie notary public. Tbe testimony of Mr. and Mrs. Jones tends to siipport such claim. Mr. Herron, one of…
2Cases cited26 opinions
- Land, Log & Lumber Co. v. McIntyreWisconsin Supreme Court · 1898
- Melchoir v. McCartyWisconsin Supreme Court · 1872
- Clarke v. Lincoln Lumber Co.Wisconsin Supreme Court · 1884
- Snider's Sons' Co. v. TroySupreme Court of Alabama · 1890
- Town of Searcy v. YarnellSupreme Court of Arkansas · 1886
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- Maxcy v. PeaveyWisconsin Supreme Court · 1922
- Reiss v. UtterWisconsin Supreme Court · 1921
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