Legal Opinion

Griswold v. Barden

Wisconsin Supreme Court

Decided April 5, 1911PublishedCited by 16 opinions

Appeal from an order of tbe circuit court for Columbia county: Chester A. Fowler, Circuit Judge. This is an appeal by tbe purchaser of real estate at a foreclosure sale from an order confirming' tbe sheriffs report of sale upon condition only that tbe defendants do not within twenty days either (1) pay tbe purchaser the amount of his bid, viz. $2,200, with legal interest from the day of sale, or (2) failing such redemption, furnish a sufficient bond that in case there be a…

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Appeal from an order of tbe circuit court for Columbia county: Chester A. Fowler, Circuit Judge. This is an appeal by tbe purchaser of real estate at a foreclosure sale from an order confirming' tbe sheriffs report of sale upon condition only that tbe defendants do not within twenty days either (1) pay tbe purchaser the amount of his bid, viz. $2,200, with legal interest from the day of sale, or (2) failing such redemption, furnish a sufficient bond that in case there be a resale and the premises do not sell for $2,200 above all expenses the defendants will make good to the purchaser tire…

1Opinion of the Court

WiNSLow, 0. J.

Two preliminary questions are raised: first; Is tbe order appealable? and, second, Is the record properly certified? The first question must be answered in the affirmative. An order confirming or refusing to confirm .a foreclosure sale is a final order affecting a substantial right, made “upon a summary application 'in an action after judgment” (subd. 2, sec. 3069, Stats. 189S-), and hence is appeal-able. Jesup v. City Bank, 15 Wis. 604. The second question must also be answered in. the .affirmative. Without quoting the recitals of the order and clerk’s certificate at length, we…

2Cases cited5 opinions

  1. Kremer v. ThwaitsWisconsin Supreme Court · 1900
  2. John Paul Lumber Co. v. NeumeisterWisconsin Supreme Court · 1900
  3. Meehan v. BlodgettWisconsin Supreme Court · 1893
  4. Adams v. HaskellWisconsin Supreme Court · 1859
  5. Jesup v. City Bank of RacineWisconsin Supreme Court · 1862

3Cited by16 opinions

  1. Suring State Bank v. GieseWisconsin Supreme Court · 1933
  2. Teachers' Retirement Fund Ass'n v. PirieOregon Supreme Court · 1935
  3. Gumz v. ChickeringWisconsin Supreme Court · 1963
  4. McCarville v. HinkinsWisconsin Supreme Court · 1970
  5. A. J. Straus Paying Agency, Inc. v. JensenWisconsin Supreme Court · 1938

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