Herron v. Knapp
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dunn County. Action to have a mortgage, and a certificate of sale issued on the foreclosure thereof by advertisement, adjudged to be no lien, claim, or incumbrance on the premises, and to have the plaintiff’s claim to an undivided half of the premises established as against the claim of the defendant under such mortgage and certificate of sale. The facts will sufficiently appear from the opinion.
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APPEAL from the Circuit Court for Dunn County. Action to have a mortgage, and a certificate of sale issued on the foreclosure thereof by advertisement, adjudged to be no lien, claim, or incumbrance on the premises, and to have the plaintiff’s claim to an undivided half of the premises established as against the claim of the defendant under such mortgage and certificate of sale. The facts will sufficiently appear from the opinion. The plaintiff appeals from a judgment dismissing the action. to the point that a mortgage of the homestead by a married man requires the signature of his wife to…
1Opinion of the CourtCole, C. J.
The father of the plaintiff executed the mortgage in question upon his homestead in 1872. At that time the mortgagor was a married man, and the mortgage was not signed by the wife. The simple question is, Was the mortgage valid? The court below held that it was, and dismissed the action. A bare reference to the statute would seem to be all that was necessary to show that the decision of the learned circuit court was erroneous. After exempting the homestead from sale upon execution, the statute in effect provides that such exemption shall not extend to any mortgage on the homestead lawfully…
2Cases cited2 opinions
- Pier v. City of Fond du LacWisconsin Supreme Court · 1875
- Ferguson v. MasonWisconsin Supreme Court · 1884
3Cited by11 opinions
- Whitlock v. GossonNebraska Supreme Court · 1892
- Whelan v. AdamsSupreme Court of Oklahoma · 1914
- Thompson v. New England Mortgage Security Co.Supreme Court of Alabama · 1895
- In Re BlodgettDistrict Court, E.D. Wisconsin · 1953
- Murphy v. RennerSupreme Court of Minnesota · 1906
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