Schroeder v. Richardson
Wisconsin Supreme Court
Appeal from an order of the circuit court for Douglas county: A. J. Yinje, Circuit Judge. Action to set aside a sale on foreclosure by advertisement on the sole ground that the solicitor’s fees claimed, included in tbe amount the land was sold for, were unreasonable. The mortgage was to secure payment of $8,000 with interest.
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Appeal from an order of the circuit court for Douglas county: A. J. Yinje, Circuit Judge. Action to set aside a sale on foreclosure by advertisement on the sole ground that the solicitor’s fees claimed, included in tbe amount the land was sold for, were unreasonable. The mortgage was to secure payment of $8,000 with interest. The stipulated solicitor’s fees were $250. The debt was reduced by payments before the sale to $2,543.52. The property was bid in by the owner of the mortgage for the amount due, with the solicitor’s fees and other costs of sale, the total being $2,831.78. All the…
1Opinion of the CourtMaeshall, J.
The learned trial judge misconceived the power of a court of equity in respect to interfering with tbe conduct of parties in enforcing a mortgage contract by tbe statutory remedy of foreclosure by advertisement. The rights of tbe parties as to that remedy were clearly defined by statute and by their contract at every step, and tbe court, proceeding properly, was powerless to vary tbe contract or relieve a party from tbe effect of tbe statute. The temptation to overstep tbe boundary between jurisdiction and *531usurpation in cases of manifest hardship is often very great, but it should be borne in…
2Cases cited7 opinions
- Patterson v. DonnerCalifornia Supreme Court · 1874
- Schoenleber v. BurkhardtWisconsin Supreme Court · 1896
- Curtis v. MooreWisconsin Supreme Court · 1862
- Bishop v. AldrichWisconsin Supreme Court · 1880
- Reed v. CatlinWisconsin Supreme Court · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Angers v. SabatinelliWisconsin Supreme Court · 1940
- Schmidt v. Joint School District No. 4 of HermanWisconsin Supreme Court · 1911
- Marshall v. WittigWisconsin Supreme Court · 1931
- State ex rel. Rice v. ChittendenWisconsin Supreme Court · 1900
- Case v. FuldnerWisconsin Supreme Court · 1901
5 more not listed; retrieve them via the Exa API.