Jesup v. City Bank of Racine
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Racine County. This was an action to foreclose a mortgage given by tbe Racine & Mississippi Railroad Company to Jesup and Raymond to secure certain bonds. Tbe Oity Banlc, of Racine and others were made defendants as judgment creditors of tbe railroad company subsequent to tbe mortgage. On tbe 17tb of July, 1860, judgment of foreclosure and sale was rendered for $870,644.85, being the whole amount of tbe bonds so secured, with interest.
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APPEAL from tbe Circuit Court for Racine County. This was an action to foreclose a mortgage given by tbe Racine & Mississippi Railroad Company to Jesup and Raymond to secure certain bonds. Tbe Oity Banlc, of Racine and others were made defendants as judgment creditors of tbe railroad company subsequent to tbe mortgage. On tbe 17tb of July, 1860, judgment of foreclosure and sale was rendered for $870,644.85, being the whole amount of tbe bonds so secured, with interest. On tbe 9tb of November, 1860, (proceedings not having been stayed), the mortgaged'premises were sold under tbe judgment to…
1Opinion of the Court
By the Court,
PAINE, J.
This is an appeal from an order setting aside a sale of a rail road on a mortgage foreclosure. It is objected that the order is not appealable. But such orders have always been held appealable here, and if a change is desired it is for the legislature to make it. See Carney vs. The L. C. & M R. R. Co., ante, p. 503.
The reason for setting aside the sale was, that the foreclosure judgment on which it was made was afterwards reversed in this court. The general rule is conceded, that when a sale is allowed to take place upon a judgment, without any steps taken to stay…
2Cited by7 opinions
- Cowdery v. London Etc. BankCalifornia Supreme Court · 1903
- Barnhart v. EdwardsCalifornia Supreme Court · 1900
- Corwith v. State Bank of IllinoisWisconsin Supreme Court · 1864
- Garvin v. WatkinsSupreme Court of Florida · 1892
- Crowns v. Forest Land Co.Wisconsin Supreme Court · 1898
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