O'Malley v. Ruddy
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dome County. The defendants are the widow and children of Austin Ruddy, who died intestate in Dane county, Wisconsin, in 1882. In 1872 he and his wife, the defendant Mary Ruddy, joined in the execution of a mortgage on forty acres of land in that county, given to secure the payment of a note for $132.50, also executed by both of them.
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APPEAL from the Circuit Court for Dome County. The defendants are the widow and children of Austin Ruddy, who died intestate in Dane county, Wisconsin, in 1882. In 1872 he and his wife, the defendant Mary Ruddy, joined in the execution of a mortgage on forty acres of land in that county, given to secure the payment of a note for $132.50, also executed by both of them. The note was given for money advanced and supplies furnished, all .of which were intended and used for the. support and maintenance of Austin Ruddy and his family. Austin Ruddy then owned forty acres of land in said county. It…
1Opinion of the CourtLyon, J.
The proposition, maintained by counsel for plaintiff, and which covers the whole case, is that, “ in order to carry out the original intention of the parties, the error of description in the mortgage may be corrected so as to embrace the homestead, the husband being dead and the widow consenting thereto; especially as the consideration for the mortgage was the joint indebtedness of the husband and wife.”
The above proposition contains two statements or assumptions of fact which require consideration. One is that the widow of Austin Buddy consents to such reformation. It is true that she does…
2Cases cited4 opinions
- Krouskop v. ShontzWisconsin Supreme Court · 1881
- Lathrop v. KnappWisconsin Supreme Court · 1875
- Conrad v. SchwambWisconsin Supreme Court · 1881
- Petesch v. HambachWisconsin Supreme Court · 1880
3Cited by11 opinions
- Whelan v. AdamsSupreme Court of Oklahoma · 1914
- Cumps v. KiyoWisconsin Supreme Court · 1899
- Jenkins v. HuntsingerNew Mexico Supreme Court · 1942
- Kriz v. PeegeWisconsin Supreme Court · 1903
- Stealey v. LyonsWest Virginia Supreme Court · 1946
6 more not listed; retrieve them via the Exa API.