Heath v. Van Cott
Wisconsin Supreme Court
TWO APPEALS EROM CIRCUIT COURT, MILWAUKEE COUNTY. Heath commenced this action in Racine circuit court in the ordinary form, to foreclose a mortgage against Mary C. Van Cott, wife of Albert B. Van Cott, and Slawson. The mortgage was executed by Mrs. Van Cott and Slawson on premises owned by Mrs. Van Cott in her own right, the title to which vested in Slawsori in trust to her use.
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TWO APPEALS EROM CIRCUIT COURT, MILWAUKEE COUNTY. Heath commenced this action in Racine circuit court in the ordinary form, to foreclose a mortgage against Mary C. Van Cott, wife of Albert B. Van Cott, and Slawson. The mortgage was executed by Mrs. Van Cott and Slawson on premises owned by Mrs. Van Cott in her own right, the title to which vested in Slawsori in trust to her use. The mortgage bore date February, 1850, and secured two notes made by Mrs. Van Cott, and indorsed by her husband. Mrs. Van Cott pleaded coverture; and the bill was then amended disclosing the coverture and making her…
1Opinion of the Court
*521 By the Court,
Cole, J.
It will be convenient to consider the questions arising upon these appeals, in the order in which they are discussed by the circuit court in the opinion filed in the cause. And the first question which presents itself is, whether the appellant, Albert B. Van Cott, can be considered under the facts of this case, a joint maker of the note which was given with the mortgage sought to be foreclosed. If so a personal judgment might be given against him for any deficiency arising upon the sale of the mortgaged premises ; provided we should be satisfied that a collection of the…
2Cases cited4 opinions
- Gardner v. GardnerCourt for the Trial of Impeachments and Correction of Errors · 1839
- Dean v. HallNew York Supreme Court · 1837
- Wooster v. NorthrupWisconsin Supreme Court · 1856
- Taylor v. PrattWisconsin Supreme Court · 1854
3Cited by14 opinions
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- Houghton v. MilburnWisconsin Supreme Court · 1882
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