Weber v. Weber

In this appeal, we decide that if a spouse does not plead the statute of frauds as an affirmative defense in a mortgage foreclosure action, the spouse may not seek relief from the foreclosure judgment under sec. 806.07(l)(d), Stats. We also decide that the plain*540tiffs waived their right to disqualify defendants' counsel. We therefore affirm the circuit court's judgment.

BACKGROUND

The plaintiffs, Eugene and Ann Weber, are the parents of defendant Jerold Weber. Prior to January 1, 1979, Jerold and his wife Ruth were employed on the family farm. On or about January 1, 1979, plaintiffs presented…