Schmidt v. Raymond
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Orosse county: E. 0. Higbbe, Circuit Judge. Louisa Schmidt died intestate on November 30, 1908, and left surviving her the plaintiff, who was her husband, and one son, the issue of the marriage between plaintiff and deceased. At the time of her death she was the owner of 160 acres of land which had been mortgaged to one Phillips to secure a loan of $450. The plaintiff joined in the execution of this mortgage.
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Appeal from a judgment of the circuit court for La Orosse county: E. 0. Higbbe, Circuit Judge. Louisa Schmidt died intestate on November 30, 1908, and left surviving her the plaintiff, who was her husband, and one son, the issue of the marriage between plaintiff and deceased. At the time of her death she was the owner of 160 acres of land which had been mortgaged to one Phillips to secure a loan of $450. The plaintiff joined in the execution of this mortgage. The mortgaged premises were sold on foreclosure proceedings in March, 1910, for $950, which sum exceeded the amount due on the mortgage…
1Opinion of the CourtBarnes, J.
Tbe appellant was entitled to curtesy in tbe real estate owned by bis deceased wife at tbe time of ber death. Sec. 2180, Stats. (1898). Tbe only question in*273volved is whether the right of her creditors to have her estate subjected to the payment of her debts is paramount to the right of appellant. The question must be answered in the affirmative. Sec. 3874, Stats. (1898), provides that, where the personal estate of a deceased person is insufficient to pay debts and expenses of administration, the personal representative may mortgage, lease, or sell his real estate, excepting the homestead, to…
2Cases cited2 opinions
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- Johnson v. Minnesota Loan & Trust Co.Supreme Court of Minnesota · 1898