Thormaehlen v. Kaeppel
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. This action is to set asidé and cancel a certain mortgage executed by plaintiff to defendant during her minority, on her separate real estate, to secure a loan made by defendant to her husband: It is unnecessary to state the pleadings. The findings of fact are within the pleadings, and are supported by the testimony.
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APPEAL from the Circuit Court for Milwaukee County. This action is to set asidé and cancel a certain mortgage executed by plaintiff to defendant during her minority, on her separate real estate, to secure a loan made by defendant to her husband: It is unnecessary to state the pleadings. The findings of fact are within the pleadings, and are supported by the testimony. They are to the following effect: Plaintiff .intermarried with William Thormaehlen in 1888, when she was eighteen years of age, and on June 18, 1890, executed with him a mortgage to plaintiff, on certain lands owned by her, to…
1Opinion of the CourtLyoN, C. J.
Subject to certain conditions, it is a general rule of law that on becoming of full age a person may dis-affirm his contract made during minority, and be relieved from the obligations thereof. One of these conditions is that he must so disaffirm- within a reasonable time after attaining his majority. O'Dell v. Rogers, 44 Wis. 136, 183. Another condition is that if he has received and retains any part of the consideration for his contract he must return the same before he will be allowed to assert the invalidity of his contract because of hie infancy when he made it. The latter rule was…
2Cases cited3 opinions
- O'Dell v. RogersWisconsin Supreme Court · 1878
- Knaggs v. GreenWisconsin Supreme Court · 1880
- Callis v. DayWisconsin Supreme Court · 1875
3Cited by9 opinions
- Blakemore v. JohnsonSupreme Court of Oklahoma · 1909
- International Land Co. v. MarshallSupreme Court of Oklahoma · 1908
- Grauman, Marx & Cline Co. v. KrienitzWisconsin Supreme Court · 1910
- Wisconsin Loan & Finance Corp. v. GoodnoughWisconsin Supreme Court · 1930
- Halbman v. LemkeWisconsin Supreme Court · 1980
4 more not listed; retrieve them via the Exa API.