Getzlaff v. Seliger
Wisconsin Supreme Court
'APPEAL from the Circuit Court for Milwaukee County. Foreclosure of a mortgage of land, executed July 10, 1873, by the defendants, who were and are husband and wife, to secure payment of a promissory note of the same date, made by the defendant Wenzel Seliger, whereby he promised to pay one Melster or order $200 in four installments of $50 each, payable, with interest, in one, two, three and four years respectively. Plaintiff claims as assignee for a valuable consideration.
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'APPEAL from the Circuit Court for Milwaukee County. Foreclosure of a mortgage of land, executed July 10, 1873, by the defendants, who were and are husband and wife, to secure payment of a promissory note of the same date, made by the defendant Wenzel Seliger, whereby he promised to pay one Melster or order $200 in four installments of $50 each, payable, with interest, in one, two, three and four years respectively. Plaintiff claims as assignee for a valuable consideration. The answer of the husband alleges, 1. That the notes were without consideration; and that the assignment to plaintiff…
1Opinion of the CourtRyan, C. J.
The appellants, husband and wife, sever in their answers. Both answers are inartificially drawn; each assuming to plead duress of the wife. It may be doubted whether the wife’s answer properly does so; but the husband’s answer must be taken as sufficient.
The record is obscure and unsatisfactory. As far, however, as we are able to ascertain the facts froth it, it appears that a prosecution was instituted against the husband for bastardy, on complaint of the mortgagee’s daughter; that after the examination, the husband was, in default of bail, committed by the justice to answer the complaint in…
2Cited by6 opinions
- Billingsley v. ClellandWest Virginia Supreme Court · 1895
- Baker v. StateWisconsin Supreme Court · 1885
- Francken v. StateWisconsin Supreme Court · 1926
- Selden v. StateWisconsin Supreme Court · 1889
- Beilfuss v. DinnauerWisconsin Supreme Court · 1921
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