Godfrey v. Thornton
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Manitowoc County. Foreclosure of a mortgage. Tbe defendants John 11. Thornton and Ellen Thornton, bis wife, and Thomas Windiate and Cornelia Windiate, bis wife, answered that tbe premises covered by the mortgage were at the time tbe instrument was made, and still were, the homestead of said John R. and Ellen Thornton, tbe alleged mortgagors; that tbe persons who subscribed tbe mortgage as witnesses were not present at tbe signing of tbe…
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APPEAL from tbe Circuit Court for Manitowoc County. Foreclosure of a mortgage. Tbe defendants John 11. Thornton and Ellen Thornton, bis wife, and Thomas Windiate and Cornelia Windiate, bis wife, answered that tbe premises covered by the mortgage were at the time tbe instrument was made, and still were, the homestead of said John R. and Ellen Thornton, tbe alleged mortgagors; that tbe persons who subscribed tbe mortgage as witnesses were not present at tbe signing of tbe mortgage by tbe alleged mortgagors; that they never signed as witnesses at tbe request of said Ellen Thornton, and she never…
1Opinion of the Court
RyAN, O. J.
Unlike the case of Hait v. Houle, 19 Wis., 472, there is here no doubt of the wife’s voluntary signature to the mortgage; no question of deceit in procuring it. The wife here frankly testifies that she signed, and knew she was signing, a mortgage of the homestead; that no deception was practiced to secure her signature; and that she supposed she was executing and acknowledging it as the law requires. But it appears that she did not sign the mortgage in the presence of the attesting witnesses, and did not acknowledge it.
There is here no question of the release of the wife’s dower in…
2Cases cited25 opinions
- Gee v. MooreCalifornia Supreme Court · 1859
- Martin v. DwellyCourt for the Trial of Impeachments and Correction of Errors · 1830
- Anderson v. CoburnWisconsin Supreme Court · 1871
- Stewart v. MackeyTexas Supreme Court · 1856
- Hoyt v. HoweWisconsin Supreme Court · 1854
20 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Ferguson v. MasonWisconsin Supreme Court · 1884
- Cumps v. KiyoWisconsin Supreme Court · 1899
- Hart v. Sanderson's AdministratorsSupreme Court of Florida · 1881
- Brothers v. Bank of KaukaunaWisconsin Supreme Court · 1893
- Moran v. ClarkWest Virginia Supreme Court · 1887
18 more not listed; retrieve them via the Exa API.