Legal Opinion

Franke v. Neisler

Wisconsin Supreme Court

Decided October 22, 1897PublishedCited by 8 opinions

Appeal from a judgment of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. The action is to foreclose a mortgage upon land. The mortgage was executed, by the defendants Robert Neisler and Bertha Neisler, his wife, to Christian Gottlieb Jaehnig and Augusta, his wife, to secure their joint note of $1,200, due in one year, with interest.

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Appeal from a judgment of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. The action is to foreclose a mortgage upon land. The mortgage was executed, by the defendants Robert Neisler and Bertha Neisler, his wife, to Christian Gottlieb Jaehnig and Augusta, his wife, to secure their joint note of $1,200, due in one year, with interest. This money had been left with Neisler by Jaehnig on an oral understanding that an arrangement should be made whereby Neisler and his wife should afford the Jaehnigs a permanent home and a sufficient support during their remaining years. The…

1Opinion of the CourtNewMAN, J.

The appellants allege errors as follows: (1) A change of the place of trial should have been granted; (2) the court should have amended its records, on appellant’s motion, by filing a substituted affidavit in place of the one which was destroyed; (3) errors in the admission of evidence; (4) the assignment to the respondent Lap]) is not operative, because it is blank as to the name of the assignee; (5) judgment for deficiency could not properly go against Bertha Neisler; (6) the plaintiff was not an innocent purchaser for value; (7) the note and mortgage were not transferable; and (8) the…

2Cases cited7 opinions

  1. Croft v. BunsterWisconsin Supreme Court · 1859
  2. Lane v. DuchacWisconsin Supreme Court · 1889
  3. Rozek v. RedzinskiWisconsin Supreme Court · 1894
  4. Emmons v. DoweWisconsin Supreme Court · 1853
  5. Hooker v. Village of BrandonWisconsin Supreme Court · 1889

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Milwaukee Trust Co. v. Van ValkenburghWisconsin Supreme Court · 1907
  2. Muldowney v. McCoy Hotel Co.Wisconsin Supreme Court · 1936
  3. Schmid v. Bank of America, N.A. (In re Schmid)United States Bankruptcy Court, W.D. Wisconsin · 2013
  4. Ritter v. BrussWisconsin Supreme Court · 1902
  5. Golos v. WorzallaWisconsin Supreme Court · 1922

3 more not listed; retrieve them via the Exa API.

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