Cary v. Wheeler
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Action against Charles H. Wheeler and Ms wife, to foreclose a mortgage executed by them to secure a bond given by the husband only, for money loaned. Defense, usury. Trial by the court. It appeared that the bond and mortgage were assigned by the mortgagee to one Sage after due, and by him subsequently assigned to the plaintiff. There was some proof tending to sustain the defense. The other evidence need not be stated.
Read the full summary
APPEAL from the County Court of Milwaukee County. Action against Charles H. Wheeler and Ms wife, to foreclose a mortgage executed by them to secure a bond given by the husband only, for money loaned. Defense, usury. Trial by the court. It appeared that the bond and mortgage were assigned by the mortgagee to one Sage after due, and by him subsequently assigned to the plaintiff. There was some proof tending to sustain the defense. The other evidence need not be stated. The court found, among other facts, that the defendant Charles H. Wheeler represented to Sage, before his purchase of the bond…
1Opinion of the Court
By the Gourt,
Cole, J.
As the provision of our former statute, which authorized the court, in a suit to foreclose a mortgage, to give judgment for any balance of the mortgage debt that might remain unsatisfied after the sale of the mortgaged premises, has not been re-enacted, we have held in Sauer vs. Steinbauer (ante, p. 70), that under our present statutes such a judgment could be given only where the mortgagor was the sole defendant. This decision would be controlling on one point made in the present case, were the appellants in a position to avail themselves of it. Here the wife, who signed…
2Cases cited4 opinions
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- Bell v. Mayor of New-YorkNew York Court of Chancery · 1843
- Ætna Life Insurance v. MabbettWisconsin Supreme Court · 1864
- Middletown Bank v. JeromeSupreme Court of Connecticut · 1847
3Cited by9 opinions
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Endress v. ShoveWisconsin Supreme Court · 1901
- Marling v. MaynardWisconsin Supreme Court · 1906
- Harbeck v. SouthwellWisconsin Supreme Court · 1864
- Foster v. HickoxWisconsin Supreme Court · 1875
4 more not listed; retrieve them via the Exa API.