Clancey v. Alme
Wisconsin Supreme Court
Appeal from an order of the circuit court for Dane county: E. G. SiebeokeR, Circuit Judge. This is an appeal from an order which directs the payment of the surplus moneys arising from the sale of mortgaged premises under a foreclosure judgment to the mortgagors. The respondent Edwin E. Alme was the owner of an eighty-acre tract of land, upon which his home was situated. The whole tract was under a mortgage, which was foreclosed, and a sale made under the judgment.
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Appeal from an order of the circuit court for Dane county: E. G. SiebeokeR, Circuit Judge. This is an appeal from an order which directs the payment of the surplus moneys arising from the sale of mortgaged premises under a foreclosure judgment to the mortgagors. The respondent Edwin E. Alme was the owner of an eighty-acre tract of land, upon which his home was situated. The whole tract was under a mortgage, which was foreclosed, and a sale made under the judgment. It was all sold as one parcel. It sold for enough to pay the mortgage debt and to leave a surplus. The appellant owned a judgment…
1Opinion of the Court
NewMAN¿ J.
The question presented is not difficult of solution. All the principles involved in its solution have beeu settled by the decisions of this court. The right of the owner to have his homestead exempt from “liability in any form” (E-. S. sec. 2983) for his debts is superior to the equity of a creditor to have it applied to the payment of his debt. However it may have been formerly and in the absence of a statute declaring his right, it is now the settled policy of the law to prefer the homestead right as against the rights of creditors. Hanson v. Edgar, 34 Wis. 653; Smith v. Wait, 39…
2Cases cited5 opinions
- Binzel v. GroganWisconsin Supreme Court · 1886
- Rozek v. RedzinskiWisconsin Supreme Court · 1894
- Hanson v. EdgarWisconsin Supreme Court · 1874
- Smith v. WaitWisconsin Supreme Court · 1876
- Hoppe v. GoldbergWisconsin Supreme Court · 1892
3Cited by6 opinions
- Schwanz v. TeperWisconsin Supreme Court · 1974
- Lueptow v. GuptillWisconsin Supreme Court · 1972
- In re BurgusDistrict Court, W.D. Wisconsin · 1990
- Elsner v. DornWisconsin Supreme Court · 1908
- Scott v. HolmanWisconsin Supreme Court · 1903
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