Schreiber v. Carey
Wisconsin Supreme Court
APPEAL from the Circuit Court for„ Winnebago County. Eoreclosure of a mortgage of a quarter section of farming land, executed by Patrióle Garey and wife to secure payment of $4,300, with interest payable semi-annually. When the judgment was rendered, March 15, 1879, there was due interest amounting to $594; but the principal was not to become due until April 1, 1880. There was no appearance before judgment, on the part of any defendant.
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APPEAL from the Circuit Court for„ Winnebago County. Eoreclosure of a mortgage of a quarter section of farming land, executed by Patrióle Garey and wife to secure payment of $4,300, with interest payable semi-annually. When the judgment was rendered, March 15, 1879, there was due interest amounting to $594; but the principal was not to become due until April 1, 1880. There was no appearance before judgment, on the part of any defendant. On the 29th of April, 1879, the court, on plaintiff’s motion, appointed a “receiver of the rents, profits and crops ” of the mortgaged premises, “ excepting…
1Opinion of the CourtTaylor, J.
This Is an appeal from an order appointing a receiver in an action to foreclose a mortgage. The .order was made after, judgment. . The appellant is the mortgagor. The most material question raised upon this appeal is, whether the circuit court has power, in an action to foreclose a mortgage upon real estate, to appoint a receiver of the rents and profits thereof in any case, either before or after judgment.
It is urged by the learned counsel for the appellant, that as, by the laws of this state, a mortgagor has a legal right to the possession of the mortgaged property until after foreclosure…
2Cases cited20 opinions
- Wagar v. StoneMichigan Supreme Court · 1877
- Douglass v. ClineCourt of Appeals of Kentucky · 1876
- Farnham v. CampbellNew York Court of Chancery · 1844
- Pasco v. GambleSupreme Court of Florida · 1876
- Avery v. JuddWisconsin Supreme Court · 1866
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3Cited by28 opinions
- Desiderio v. IadonisiSupreme Court of Connecticut · 1932
- Nusbaum v. ShaperoMichigan Supreme Court · 1930
- Grether v. NickWisconsin Supreme Court · 1927
- Lowell v. DoeSupreme Court of Minnesota · 1890
- Marshall & Ilsley Bank v. CadySupreme Court of Minnesota · 1899
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