Lashua v. Myhre
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. Tbis is an action in equity to remove a cloud on tbe title to personal property. 'Tbe complaint alleges tbe ownership by Edward Lashua of two borses and a number of farm implements exempt from seizure and sale upon execution, and the execution of a chattel mortgage thereon November 23, 1900, by tbe plaintiff Edward to tbe defendant in tbe sum of $156.24; also tbe subsequent due…
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Appeal from a judgment of tbe circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. Tbis is an action in equity to remove a cloud on tbe title to personal property. 'Tbe complaint alleges tbe ownership by Edward Lashua of two borses and a number of farm implements exempt from seizure and sale upon execution, and the execution of a chattel mortgage thereon November 23, 1900, by tbe plaintiff Edward to tbe defendant in tbe sum of $156.24; also tbe subsequent due filing of said mortgage in tbe proper office; that the plaintiff Elizabeth is tbe wife of tbe plaintiff Edward, and a member…
1Opinion of the CourtWiNsnow, J.
Sec. 2313, Stats. 1898, provides that a chattel mortgage of personal property, exempt frbm execution, shall not be valid unless signed by the wife of the mortgagor, *21if be be a married man and bis wife be a member of bis family, and unless tbe signature of tbe wife be witnessed by two witnesses. This provision was. designed for tbe protection of tbe debtor’s wife and family. Cunningham v. Brictson, 101 Wis. 378, 77 N. W. 740. Its terms are clear and leave no. room for construction. A chattel mortgage, in order to constitute a valid lien upon exempt property, must be signed by tbe wife of tbe…
2Cases cited2 opinions
- Wilton v. MayberryWisconsin Supreme Court · 1889
- Cunningham v. BrictsonWisconsin Supreme Court · 1898
3Cited by9 opinions
- Bell v. BellSupreme Court of Alabama · 1911
- Hughes v. ThomasWisconsin Supreme Court · 1907
- Powers v. PenseWyoming Supreme Court · 1912
- Young v. Pecos CountyCourt of Appeals of Texas · 1907
- Laffranchini v. ClarkNevada Supreme Court · 1915
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