Wochoska v. Wochoska
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Manitowoc County. Action to foreclose a mortgage of real estate, alleged to have been executed by the defendant Woehoska to the plaintiff to secure the payment of his promissory note, made and executed to her, for $200 and interest. Tbe defendant Shirnek is alleged to be a subsequent incumbrancer of the mortgaged premises.
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APPEAL from tbe Circuit Court for Manitowoc County. Action to foreclose a mortgage of real estate, alleged to have been executed by the defendant Woehoska to the plaintiff to secure the payment of his promissory note, made and executed to her, for $200 and interest. Tbe defendant Shirnek is alleged to be a subsequent incumbrancer of the mortgaged premises. The complaint contains the averments usually found in complaints in foreclosure actions, with the further statement that when tbe note and mortgage were executed the defendant Woehoska and the plaintiff’ were husband and wife, but were duly…
1Opinion of the CourtLyoN, J.
The record does not contain the evidence, and the judgment is supported by the conclusion of law. Hence, if the learned circuit judge drew the correct conclusion from the facts found by him, the judgment cannot be disturbed. That this would be a valid mortgage had not the mortgaged premises been the homestead of the mortgagor and his wife, the plaintiff, even though they had not been subsequently divorced, cannot be doubted. The case would then be within the rule laid down in Putnam v. Bicknell, 18 Wis., 333.
The question is, whether the fact that when the mortgage was executed the premises…
2Cases cited2 opinions
- Putnam v. BicknellWisconsin Supreme Court · 1864
- Riehl v. BingenheimerWisconsin Supreme Court · 1871
3Cited by3 opinions
- Ferguson v. MasonWisconsin Supreme Court · 1884
- Kent v. LasleyWisconsin Supreme Court · 1880
- Topping v. ClaySupreme Court of Minnesota · 1896