Platner v. Patchin
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Rode County. Action against George Patchin and bis wife Jane, on a note for $281, executed by tbe latter dum sola, dated March 6, 1856, and payable in six years, with twelve per cent, interest, payable annually.
Read the full summary
APPEAL from tbe Circuit Court for Rode County. Action against George Patchin and bis wife Jane, on a note for $281, executed by tbe latter dum sola, dated March 6, 1856, and payable in six years, with twelve per cent, interest, payable annually. Tbe complaint shows that tbe note was secured by a mortgage of real estate, executed at tbe same time by said Jane; that (default having been made in the payment of interest) said mortgage was foreclosed in an action commenced January 30th, 1862, against said Jane alone, under her maiden name; and that tbe complaint in said foreclosure action prayed,…
1Opinion of the Court
*335 By the Court,
DixoN, O. J.
In an action against the husband for the debt of the wife, contracted dura sola, the wife must be joined. 1 Chitty’s Pl., 57. There are some exceptions to the rule, as where the husband has made a subsequent express promise to pay; but this case is not one of them. The defendant Jane Patchin is therefore a necessary party. And as to her there is a former action pending. The foreclosure judgment directs, that upon the coming in and confirmation of the report of sale, personal judgment be rendered against her for the deficiency, and that the plaintiff have execution…
2Cited by3 opinions
- Kies v. YoungSupreme Court of Arkansas · 1897
- Crawford v. ThompsonIndiana Supreme Court · 1883
- Gruen v. BambergerMissouri Court of Appeals · 1881