Petesch v. Hambach
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygan County. The action is to reform a mortgage. The facts found by the circuit court, so far as it is necessary to state them, are as follows: In .1875, one Peter Petesch was the owner of lots A and B in a certain block in the village of Random Lake. Lot A was his homestead, on which he and his wife resided.
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APPEAL from the Circuit Court for Sheboygan County. The action is to reform a mortgage. The facts found by the circuit court, so far as it is necessary to state them, are as follows: In .1875, one Peter Petesch was the owner of lots A and B in a certain block in the village of Random Lake. Lot A was his homestead, on which he and his wife resided. Peter obtained a loan of $800 of the plaintiff, under an agreement to secure the repayment of the same, and the interest, by a mortgage on lot A. A mortgage was accordingly drawn and executed by Peter and his wife, all parties supposing it to be…
1Opinion of the CourtLyoN, J.
An essential condition upon which a court of equity will reform a written instrument is, that the parties thereto have made a binding contract, which they mutually agreed to incorporate in the instrument, but which, through *447fraud, or mistake, they failed to do. The original contract must he valid, or no reformation of the instrument will be decreed, however clearly the mistake be established. It was said by Lord Habdwicke, in Henkle v. The Royal Ex. Assurance Company, 1 Ves. Sen., 317, that if the contract relates to an illicit subject, the relief will not be granted. In Eaton v. Eaton, 15…
2Cases cited10 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Hunt v. RhodesSupreme Court of the United States · 1828
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Sherwood v. SherwoodWisconsin Supreme Court · 1878
- Hamar v. MedskerIndiana Supreme Court · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Rowell v. SmithWisconsin Supreme Court · 1905
- Green Bay & Mississippi Canal Co. v. HewittWisconsin Supreme Court · 1885
- Adams v. ReedUtah Supreme Court · 1895
- Conrad v. SchwambWisconsin Supreme Court · 1881
- Grant Marble Co. v. AbbotWisconsin Supreme Court · 1910
12 more not listed; retrieve them via the Exa API.