Minnesota Stoneware Co. v. McCrossen
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Marathon county: Chas. M. Webb, Judge. Action by judgment creditors of J. A. MeOrossen to reach real estate claimed by him as his homestead, James MeOrossen being joined as mortgagee.
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Appeal from a judgment of the circuit court for Marathon county: Chas. M. Webb, Judge. Action by judgment creditors of J. A. MeOrossen to reach real estate claimed by him as his homestead, James MeOrossen being joined as mortgagee. The complaint was to the effect that* the real estate described, located in the city of Wausau, Wisconsin, was J. A. MeCrossen’s homestead when the mortgage thereon, owned by James Me-Grossen and particularly described, was given; that such real estate subsequently ceased to be the homestead of the mortgagor, by reason whereof plaintiffs’ judgments, which were…
1Opinion of the CourtMaeshall, J.
The question of the validity of the mortgage involves three questions: (1) Can the homestead of a married man be alienated without the signature of his wife-being affixed to the instrument of conveyance by her own hand with intent to cause such alienation ? (2) Does a power to sell and convey real estate include power to mortgage the same? (3) Does a conveyance of the homestead of a married man, executed by him, with the wife’s signature affixed thereto by her verbal request, for the purpose of obtaining-money for her use, together with a full execution of such purpose, operate by estoppel to…
2Cases cited10 opinions
- Lancaster v. DolanSupreme Court of Pennsylvania · 1829
- Corey v. Schuster, Hingston & Co.Nebraska Supreme Court · 1895
- Hoyt v. JaquesMassachusetts Supreme Judicial Court · 1880
- Cumps v. KiyoWisconsin Supreme Court · 1899
- Robinson v. CharletonSupreme Court of Iowa · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- McCammon v. JenkinsSupreme Court of Oklahoma · 1915
- City National Bank v. JohnsonSupreme Court of Arkansas · 1936
- Hart v. HartWisconsin Supreme Court · 1903
- Praefke v. American Enterprise Life InsuranceCourt of Appeals of Wisconsin · 2002
- Bloor v. SmithWisconsin Supreme Court · 1901
12 more not listed; retrieve them via the Exa API.