Spengler v. Hahn
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Shawano, county: JohN G-oodlaNd, Circuit Judge. This is an action to reform a mortgage by correcting a description therein in a material particular, and to foreclose-the same and a second mortgage as 'well. Both mortgages were given by defendant Augusta Hahn to Alfred T. Hammond, and were assigned by him to the plaintiff before the. commencement of the action.
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Appeal from a judgment of the circuit court for Shawano, county: JohN G-oodlaNd, Circuit Judge. This is an action to reform a mortgage by correcting a description therein in a material particular, and to foreclose-the same and a second mortgage as 'well. Both mortgages were given by defendant Augusta Hahn to Alfred T. Hammond, and were assigned by him to the plaintiff before the. commencement of the action. Defendant Matt Wagner answered, among other things, that Augusta Hahn, after the-giving of the mortgages, sold the property to defendant Peter Ketter, who procured plaintiff to. furnish…
1Opinion of the CourtMatsssall, J.
Numerous exceptions to the findings of fact and conclusions of law were duly filed, but a detailed discussion of the same is unnecessary. An examination of the record fails to disclose any error in the findings of fact excepted to, but the conclusion of law respecting the proper judgment to be entered was manifestly made in disregard of the statute, which declares in mandatory language what relief shall be granted in such cases. The language of sec. 3162, B. S., is: “ In all such actions, if the plaintiff shall recover, the judgment shall fix the amount of the mortgage debt then due, . . .…
2Cases cited3 opinions
- Jones v. JonesWisconsin Supreme Court · 1888
- Portz v. SchantzWisconsin Supreme Court · 1888
- Reed v. CatlinWisconsin Supreme Court · 1880
3Cited by6 opinions
- Sands v. Kaukauwa Water Power Co.Wisconsin Supreme Court · 1902
- Schroeder v. RichardsonWisconsin Supreme Court · 1899
- Brustman v. DunnWisconsin Supreme Court · 1915
- Menz v. BeebeWisconsin Supreme Court · 1899
- Clancy v. GebWisconsin Supreme Court · 1905
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