Zægel v. Kuster
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygan County. Plaintiff brought this action to redeem certain real estate from two mortgages executed by his father, who is now deceased.
Read the full summary
APPEAL from the Circuit Court for Sheboygan County. Plaintiff brought this action to redeem certain real estate from two mortgages executed by his father, who is now deceased. The material averments of the complaint are sufficiently stated in the brief of counsel for the defendants, as follows: “The plaintiff’s father, Charles Ztegel, owned in fee a lot in the city of Sheboygan, 52x180 feet, with a three-story brick building thereon, upon which he had, with his former wife joining, executed two mortgages — one for $1,300, dated December 4, 1855, due in three years, and the other for $2,000,…
1Opinion of the CourtLyon, J.
1. If the widow of Charles Zasgel, the mortgagor, effectually waived the provision made for her in her husband’s will, the interest of the mortgagor in the mortgaged premises descended to his children, subject only to the dower and homestead rights of such widow therein.
It is an elementary rule that the owner of the equity of redemption in mortgaged premises is a necessary party to an action to foreclose the mortgage. If he is not made a party, he is not bound by the judgment in the action, and may redeem from the mortgage lien the same as though no action had been brought. The judgment in…
2Cases cited2 opinions
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Hodson v. TreatWisconsin Supreme Court · 1859
3Cited by21 opinions
- State v. Louisville & Nashville RailroadIndiana Supreme Court · 1911
- Albright v. AlbrightWisconsin Supreme Court · 1888
- Dalrymple v. City of MilwaukeeWisconsin Supreme Court · 1881
- Coe v. ManseauWisconsin Supreme Court · 1885
- Columbia Savings & Loan Ass'n v. ClauseWyoming Supreme Court · 1904
16 more not listed; retrieve them via the Exa API.