Gotfredson Bros. v. Dusing
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Calumet county: Geo. W. Burrell, Circuit Judge. Action for the reformation and foreclosure of a mortgage. August 16, 1906, the defendants Gharles J. Dusing and his wife, Amanda Dusing, for the purpose of securing a preexisting indebtedness due from Charles J. Dusing to the plaintiff, executed a mortgage intended and supposed to cover their homestead.
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Appeal from a judgment of the circuit court for Calumet county: Geo. W. Burrell, Circuit Judge. Action for the reformation and foreclosure of a mortgage. August 16, 1906, the defendants Gharles J. Dusing and his wife, Amanda Dusing, for the purpose of securing a preexisting indebtedness due from Charles J. Dusing to the plaintiff, executed a mortgage intended and supposed to cover their homestead. By mistake of all parties, other lands, and not the homestead, were described in the mortgage. The wife, who was not possessed of any separate estate, appeared and objected to a reformation of the…
1Opinion of the Court
The following opinion was filed January 31, 1911:
Vihje, J.
The question presented by this appeal is, Can a description in a mortgage be corrected in an action to reform the instrument so as to include the homestead of the mortgagors, who were husband and wife at the time of the *660execution thereof ? In the cases of Petesch v. Hambach, 48 Wis. 443, 4 N. W. 565; O'Malley v. Ruddy, 79 Wis. 147, 48 N. W. 116; and Cumps v. Kiyo, 104 Wis. 656, 80 N. W. 937, this court held that it could not. We are urged to overrule these decisions because they were made without reference to sec. 2257, Stats. (1898),…
2Cases cited7 opinions
- Ferguson v. MasonWisconsin Supreme Court · 1884
- Cumps v. KiyoWisconsin Supreme Court · 1899
- Conrad v. SchwambWisconsin Supreme Court · 1881
- Petesch v. HambachWisconsin Supreme Court · 1880
- O'Malley v. RuddyWisconsin Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Krueger v. GrothWisconsin Supreme Court · 1926
- Wangen v. LeumWisconsin Supreme Court · 1970
- Smiljanic v. NiedermeyerCourt of Appeals of Wisconsin · 2007
- Bartz v. Eagle Point Mutual Fire InsuranceWisconsin Supreme Court · 1935