Body v. Jewsen
Wisconsin Supreme Court
. APPEAL from the Circuit Court for Fond du Lac County. This action was brought 'to foreclose a mortgage on certain lots in the city of Eond du Lac, dated October 11, 1869, and executed by the defendants William Jewsen and wife to the defendant Sophia J. Braley, to secure the payment of a note of the same date given by the said William Jewsen for $625, and ten per cent, interest, payable to such mortgagee or bearer.
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. APPEAL from the Circuit Court for Fond du Lac County. This action was brought 'to foreclose a mortgage on certain lots in the city of Eond du Lac, dated October 11, 1869, and executed by the defendants William Jewsen and wife to the defendant Sophia J. Braley, to secure the payment of a note of the same date given by the said William Jewsen for $625, and ten per cent, interest, payable to such mortgagee or bearer. Previously to the date of these securities the plaintiff held three mortgages on certain real estate in Kilbourn City, the equity of redemption in which was owned by the defendant…
1Opinion of the CourtLyon, J.
I. Did the defendant William Jewsen execute the note and mortgage in suit, and did Mrs. Jewsen execute such mortgage ? Notwithstanding their positive denials contained in their affidavits, when the former testified as a witness on the trial, he was shown such note and mortgage, and testified concerning them as follows: “ The signature of the note looks *407like mine, but there is one peculiarity about it. The same is1 true of the mortgage. I would not swear that they are my signatures, or that they are not.” The note and mortgage were also shown to Mrs. Jewsen, and she testified that she did not…
2Cases cited3 opinions
- Bowman v. Van KurenWisconsin Supreme Court · 1871
- Williams v. ElyWisconsin Supreme Court · 1860
- Quinn v. HardSupreme Court of Vermont · 1871
3Cited by14 opinions
- Galewski v. NoeWisconsin Supreme Court · 1954
- Adams v. SlateIndiana Supreme Court · 1882
- Johnston Harvester Co v. McLeanWisconsin Supreme Court · 1883
- Friend v. YahrWisconsin Supreme Court · 1905
- Funk v. PaulWisconsin Supreme Court · 1885
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