Hathaway v. Juneau
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaulcee Couuty. Filen F. Juneau executed a mortgage to Hathaway upon property described as “ all her interest as one of the heirs of Solomon Juneau, deceased, in and to lots seven and eight,” ' &e.
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APPEAL from the Circuit Court for Milwaulcee Couuty. Filen F. Juneau executed a mortgage to Hathaway upon property described as “ all her interest as one of the heirs of Solomon Juneau, deceased, in and to lots seven and eight,” ' &e. The interest ■which, she had in the lots, descended to her-as the heir of Josette Juneau and not of Solomon The present action was brought before ■ the mortgage debt was due, to reform the mortgage, by correcting the erroneous statement as to the origin of the defendant’s title, and in the meantime to restrain the defendant from any alienation of the property to…
1Opinion of the Court
By the Court,
Cole, J.
It is conceded that those allegations of the complaint which state that the defendant made representations, fraudulently or through mistake, in respect to her title in the property mortgaged, are certainly unsupported by the evidence. She made no representation of any kind as to the origin of her title, when she executed the mortgage, but signed the instrument as it had been drawn by the respondent, who-acted upon his knowledge of the matter in describing the property. He supposed that she acquired her interest in the property as heir of Solomon Juneau, her father. But…
2Cited by2 opinions
- Roberts v. RobertsonSupreme Court of Vermont · 1881
- McClaskey v. BarrU.S. Circuit Court for the District of Southern Ohio · 1892