Fiedler v. Howard
Wisconsin Supreme Court
Appeals from a judgment of the circuit court for Iowa county: G-so. ClembNtsoN, Circuit Judge. In his lifetime, one Henry Howard was the owner of eighty acres of land, occupied by himself and his wife, Catherine Howard, the defendant, as their home, forty acres of which was their homestead. Being desirous, of selling the same, Howard procured a deed to be drawn to one Conrad Stude, but his wife refused to sign the same.
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Appeals from a judgment of the circuit court for Iowa county: G-so. ClembNtsoN, Circuit Judge. In his lifetime, one Henry Howard was the owner of eighty acres of land, occupied by himself and his wife, Catherine Howard, the defendant, as their home, forty acres of which was their homestead. Being desirous, of selling the same, Howard procured a deed to be drawn to one Conrad Stude, but his wife refused to sign the same. By the terms of the sale, Stude was to pay $400 cash, and execute a mortgage on the premises for $1,500. As a condition of the defendant executing the said deed, it was agreed…
1Opinion of the CourtBardeen, J.
The main question arising on this appeal is whether the defendant is entitled to the whole amount of the mortgage given by Stude, or only to one half, as found by the trial court. Counsel for plaintiff concede that, as against the heirs or next of kin of Howard, the wife, as survivor of her husband, is entitled to the mortgage and the proceeds therefrom. But it is said Howard left creditors,, and that his estate is'insufficient to pay them; that it was-the intention of Howard to make a gift to his wife; and that she cannot hold the mortgage so long as there are unpaid creditors. The third…
2Cases cited16 opinions
- Draper v. JacksonMassachusetts Supreme Judicial Court · 1820
- Hixon v. Oneida CountyWisconsin Supreme Court · 1892
- Alexander v. . AlexanderNew York Court of Appeals · 1887
- Higbie v. . WestlakeNew York Court of Appeals · 1856
- Ketchum v. WalsworthWisconsin Supreme Court · 1856
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3Cited by23 opinions
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- Schlecht v. BlissOregon Supreme Court · 1975
- Union & Mercantile Trust Co. v. HudsonSupreme Court of Arkansas · 1921
- Dupont v. JonetWisconsin Supreme Court · 1917
- Hofer v. HoferOregon Supreme Court · 1966
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