Lefebvre v. Dutruit
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wood County. Action to foreclose a mortgage on several parcels of land, executed by the defendants to the plaintiff and another, to secure the payment of the notes of the defendant husband for $6,000. All of the mortgaged premises are the separate estate of the defendant wife, and one of the parcels is her homestead. The husband did not answer.
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APPEAL from the Circuit Court for Wood County. Action to foreclose a mortgage on several parcels of land, executed by the defendants to the plaintiff and another, to secure the payment of the notes of the defendant husband for $6,000. All of the mortgaged premises are the separate estate of the defendant wife, and one of the parcels is her homestead. The husband did not answer. The wife answered, alleging that she signed the mortgage under coercion; that her signature was obtained by the importunity of her husband and his undue influence over her; and that she never acknowledged it to be her…
1Opinion of the Court
Eton, J”.
It is essential to a correct determination of this appeal, to ascertain the circumstances under which the mortgage in suit was executed, and the influences which were brought to bear upon Mrs. Dutruit to induce her to execute it.
The mortgage was given about December 30, 1876. It had then been ascertained that Dutruit was a defaulter to the-county in the sum of $6,000, and the mortgagees, who were his sureties and liable therefor, were naturally anxious to obtain some indemnity against such liability. Negotiations were thereupon had between the mortgagees and Dutruit, which resulted…
2Cases cited3 opinions
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- Watkins v. BrantWisconsin Supreme Court · 1879
- Bogie v. BogieWisconsin Supreme Court · 1875
3Cited by8 opinions
- Jeffery v. OsborneWisconsin Supreme Court · 1911
- Schultz v. CatlinWisconsin Supreme Court · 1891
- Munkwitz v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- Wicklein v. KiddCourt of Appeals of Maryland · 1926
- McCormick Harvesting Machine Co. v. HamiltonWisconsin Supreme Court · 1889
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