Smith v. Allis
Wisconsin Supreme Court
APPEAL from the Circuit Court for Monroe County. Foreclosure of a mortgage upon an undivided half of ten acres of agricultural land and five lots in the village of Sparta,, executed in Mhy, 1874, by the defendants W. "W. Allis and Lottie E. Allis, his wife, to secure payment of their-jpint and' several note for $1,700 with interest. W. W. Allis did not appear in the action.
Read the full summary
APPEAL from the Circuit Court for Monroe County. Foreclosure of a mortgage upon an undivided half of ten acres of agricultural land and five lots in the village of Sparta,, executed in Mhy, 1874, by the defendants W. "W. Allis and Lottie E. Allis, his wife, to secure payment of their-jpint and' several note for $1,700 with interest. W. W. Allis did not appear in the action. Mrs. Allis answered that her signature to the instrument was procured by fraud and undue influence»; that her execution of the mortgage was without knowledge of its real character, and was never attested or acknowledged;…
1Opinion of the CourtOrton, J.
The mortgage to be foreclosed in this case was executed by the defendants,-as husband and wife, upon the homestead and separate estate of the wife, to secure a note, also signed by both, for the antecedent debt of the husband. The husband did not appear or answer, and the gravamen of the defense set up by the wife is, that she signed both the note and mortgage, induced by the coercion and undue influence of her husband, and that she never acknowledged the mortgage. To sustain this defense the wife, Mrs. -Allis, testified: “And then Mr. Allis came hack and came into the kitchen with a *344paper…
2Cases cited13 opinions
- Gillespie v. MoonNew York Court of Chancery · 1817
- Howland v. BlakeSupreme Court of the United States · 1878
- McClellan v. SanfordWisconsin Supreme Court · 1870
- Graves & Barnewall v. Boston Marine InsuranceSupreme Court of the United States · 1805
- Russell v. Baptist Theological UnionIllinois Supreme Court · 1874
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Pickens v. KniselyWest Virginia Supreme Court · 1886
- Linde v. GuddenWisconsin Supreme Court · 1901
- McCardia v. BillingsNorth Dakota Supreme Court · 1901
- Rowray v. Casper Mut. Building & Loan Ass'nWyoming Supreme Court · 1935
- Morrison v. PorterSupreme Court of Minnesota · 1886
9 more not listed; retrieve them via the Exa API.