Best v. Gunther
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Wauke-sha county: Jakes J. Dice, Circuit Judge. Action to foreclose a mortgage upon real estate. It appears that the defendants, Arthur W. Gunther and Mary T. Gunther, are husband and wife, and that at the time in question Mary T. Gunther owned the real estate involved in this litigation.
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Appeal from a judgment of tbe circuit court for Wauke-sha county: Jakes J. Dice, Circuit Judge. Action to foreclose a mortgage upon real estate. It appears that the defendants, Arthur W. Gunther and Mary T. Gunther, are husband and wife, and that at the time in question Mary T. Gunther owned the real estate involved in this litigation. There is no dispute but that on November 21, 1898, she executed a general power of attorney to sell, to convey, and to mortgage her real estate, in favor of her husband, Arthur W. Gunther, giving and granting to him as full power and authority to do everything…
1Dissent
Oassoday, O. J.
(dissenting). I disagreed with the decision of this case at the time it was made, but through some-inadvertence I failed to state the fact at the time the decision was announced. On this motion I feel at liberty to briefly and respectfully state my views of the law applicable to the *523undisputed facts of tbis ease. The question presented is-whether the mortgage made and recorded November 16, 1900,, and here sought to be foreclosed, is valid and binding as a security, although never executed by the defendant, Mary T. Gunther, the sole owner of the land described in the mortgage,…
2Cases cited4 opinions
- Walker v. DenisonIllinois Supreme Court · 1877
- Kelly v. PhelpsWisconsin Supreme Court · 1883
- Arnold v. StevensonNevada Supreme Court · 1866
- Williams v. BirbeckNew York Court of Chancery · 1840