Schmitz v. Schmitz
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. Action to reform and foreclose a mortgage on tbe west balf of lot 2, block 128, in tbe city of Madison, executed to the plaintiff by Jacob Smith and bis wife, Agnes Smith, to secure four notes for $125 each, and one for $100, with interest at 12 per cent., made by said Jacob to tbe plaintiff, and alleged to have been for a loan of $600. Tbe correction prayed for, and the grounds of such prayer, will sufficiently appear from tbe…
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APPEAL from tbe Circuit Court for Dane County. Action to reform and foreclose a mortgage on tbe west balf of lot 2, block 128, in tbe city of Madison, executed to the plaintiff by Jacob Smith and bis wife, Agnes Smith, to secure four notes for $125 each, and one for $100, with interest at 12 per cent., made by said Jacob to tbe plaintiff, and alleged to have been for a loan of $600. Tbe correction prayed for, and the grounds of such prayer, will sufficiently appear from tbe opinion. One Lohr, whó claimed to own one balf of said lot 2, was made defendant. Tbe complaint admitted payments, one…
1Opinion of the Court
By the Court,
Downer, J.
This is an action brought to foreclose a mortgage. The respondent, in his complaint, alleges that there was a mistake in the description of the premises mortgaged; that the description should have been the southwest half of. lot 2, bl. 128, instead of the west half; and he seeks to have the mortgage in this respect corrected, and then foreclosed. The judgment was in favor of the respondent.
The appellants insist that the mortgage could not be corrected, because it was executed by a married woman. The cases cited seem to sustain this position, so far as the correction…
2Cited by9 opinions
- Wilkins v. TourtellottSupreme Court of Kansas · 1882
- Miller v. McGlaunSupreme Court of Georgia · 1879
- Asberry v. MitchellCourt of Appeals of Virginia · 1917
- McAlpin v. HixonSupreme Court of Oklahoma · 1914
- People v. HallNew York Supreme Court · 1904
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