Nelson v. McDonald
Wisconsin Supreme Court
APPEAL from the Circuit Court for Door County. Mortgage foreclosure. It appears by the testimony that Emily McDonald, the appellant, was the wife of the defendant M. McDonald.
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APPEAL from the Circuit Court for Door County. Mortgage foreclosure. It appears by the testimony that Emily McDonald, the appellant, was the wife of the defendant M. McDonald. That she signed a joint and several note with her husband for $350, running to respondent; and also, upon her husband’s request, signed and delivered to her husband a mortgage which was blank as to description of property, upon his representation that the mortgage was to cover certain mill property belonging to him. In fact, however, the husband procured to be inserted in the mortgage the description of the family…
1Opinion of the CourtWiNsnow, J.
The case is hard, in that it imposes a lien upon the property of a confiding wife for which she has received nothing, but it is ruled by well-established legal principles. These principles are laid down notably in two decisions made by this court, viz., Johnston Harvester Co. v. McLean, 57 Wis. 258, and Van Etta v. Evenson, 28 Wis. 33. The substantial conclusion of these decisions is that authority may be given by parol to fill material blanks in a mortgage or other sealed instrument, as well as in negotiable paper, and that, when such authority is given, and the agent exceeds his…
2Cases cited3 opinions
- Van Etta v. EvensonWisconsin Supreme Court · 1871
- Johnston Harvester Co v. McLeanWisconsin Supreme Court · 1883
- Leinenkugel v. KehlWisconsin Supreme Court · 1888
3Cited by8 opinions
- Cumps v. KiyoWisconsin Supreme Court · 1899
- Friend v. YahrWisconsin Supreme Court · 1905
- H. W. Wright Lumber Co. v. McCordWisconsin Supreme Court · 1911
- Hulburt v. WalkerNew York Court of Appeals · 1931
- Schauble v. HeddingSupreme Court of Minnesota · 1917
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