Campbell v. Babcock
Wisconsin Supreme Court
APPEAL from the Circuit Court for Pepin County. The defendant Sarah M. Babcock appealed from a judgment in foreclosure in favor of the plaintiff,, against her and her co-defendant.
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APPEAL from the Circuit Court for Pepin County. The defendant Sarah M. Babcock appealed from a judgment in foreclosure in favor of the plaintiff,, against her and her co-defendant. The case is stated in the opinion. contended that, independent of the question of estoppel, the appellant, standing in the relation of surety, could interpose the plea of usury {Austin v. Fuller, 32 Barb. 360; Cole v. Savage, 10 Paige, 583; Morse v. Hovey, 9 id. 197); that it was inconsistent with the intent of the homestead act to permit the husband, by his own act solely, to defeat the wife’s rights under the act…
1Opinion of the CourtLyon, J.
This is an action for the foreclosure of a mortgage executed by the defendants, who were husband and wife, on certain lots in the village of Durand, Pepin county, to secure the payment of a promissory note, given by the said George Babcock, for $500. The mortgaged premises included the homestead of the defendants. The note and mortgage were executed to Archibald Haynes, and by him assigned to one Godfrey for a valuable consideration, who, for a like valuable consideration, transferred the same to the plaintiff. The securities were void for usury; but before purchasing the same, Godfrey, who,…
2Cases cited2 opinions
- Cole v. SavageNew York Court of Chancery · 1844
- Spencer v. FredendallWisconsin Supreme Court · 1862
3Cited by16 opinions
- Henry v. SneedSupreme Court of Missouri · 1889
- Godfrey v. ThorntonWisconsin Supreme Court · 1879
- San Antonio Real Estate, Building & Loan Ass'n v. StewartCourt of Appeals of Texas · 1901
- Roberts v. RobertsNorth Dakota Supreme Court · 1901
- Spear v. EvansWisconsin Supreme Court · 1881
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