Ellis v. Hof
Wisconsin Supreme Court
Appeal from a judgment of -tbe circuit court for Milwaukee county: ObeeN T. Williams, Circuit Judge. This action wás commenced June 4, 1903, to foreclose a mote and mortgage purporting to have been executed by the defendant Hof November 19, 1897, to the defendant Henry 'Herman, for $6,500, to become due three years from that •date, with interest at six per cent, payable semi-annually, and ■secured by mortgage upqn the lands described, which mortgage was recorded November 22,…
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Appeal from a judgment of -tbe circuit court for Milwaukee county: ObeeN T. Williams, Circuit Judge. This action wás commenced June 4, 1903, to foreclose a mote and mortgage purporting to have been executed by the defendant Hof November 19, 1897, to the defendant Henry 'Herman, for $6,500, to become due three years from that •date, with interest at six per cent, payable semi-annually, and ■secured by mortgage upqn the lands described, which mortgage was recorded November 22, 1897. The complaint alleges that May 3, 1902, Henry Herman assigned the note .and mortgage to the plaintiff as…
1Opinion of the Court
Cassokat, O. J.
The statute declares:
“Every written instrument purporting to have been signed -or executed by any person shall be proof that it was so signed or executed until the person by whom it purports to have bmn ■so signed or executed shall specifically deny the signature or 'execution of the same by his oath or affidavit or by his pleading duly verified.” Sec. 4192, Stats. 1898.
This court has repeatedly held that this section only “dispenses with proof of the signature to a written instrument until the person by whom it purports to have been signed -shall specifically deny the…
2Cases cited4 opinions
- Finlay v. PrescottWisconsin Supreme Court · 1899
- Nielson v. SchuckmanWisconsin Supreme Court · 1881
- Wallis v. WhiteWisconsin Supreme Court · 1883
- Thomas Ludlow & Rodgers v. BerryWisconsin Supreme Court · 1885
3Cited by3 opinions
- Murphy v. Estate of SkinnerWisconsin Supreme Court · 1915
- Cushman v. Estate of CushmanWisconsin Supreme Court · 1933
- Wiesner v. KosiedowskiWisconsin Supreme Court · 1924