Kremer v. Thwaits
Wisconsin Supreme Court
Appeal from, an order of the superior court of Milwaukee county: J. C. Ludwig, Judge. A judgment having been recovered in this action for foreclosure of a mortgage which contained a covenant of «clear fee-simple title in tbe mortgagors and a warranty against all claims, a copy of that mortgage being attached to the complaint, and there being no suggestion in either the complaint, finding, judgment, or notice of sale of any prior incumbrance, the mortgaged property, situated…
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Appeal from, an order of the superior court of Milwaukee county: J. C. Ludwig, Judge. A judgment having been recovered in this action for foreclosure of a mortgage which contained a covenant of «clear fee-simple title in tbe mortgagors and a warranty against all claims, a copy of that mortgage being attached to the complaint, and there being no suggestion in either the complaint, finding, judgment, or notice of sale of any prior incumbrance, the mortgaged property, situated in the city of Milwaukee, was offered for sale by the sheriff. The interveners, Charles H. and Fred. C. Thwaits, after…
1Opinion of the CourtDodge, J.
The facts as above stated are not antagonized by any clear preponderance of the evidence. In acting thereon the circuit court was justified in exercising a very broad discretion, and, unless that discretion is clearly abused to the hurt of appellants, it will not be interfered with oa appeal. Homestead L. Co. v. Joseph Schlitz B. Co. 94 Wis. *537602; Koop v. Burris, 95 Wis. 301; Veit v. Meyer, ante, p. 530. We discover no snob abuse. It must not be forgotten that the present order was made not on a proceeding to set aside a sale which had already become perfect and which the court had…
2Cases cited5 opinions
- Strong v. CattonWisconsin Supreme Court · 1853
- Homestead Land Co. v. Joseph Schlitz Brewing Co.Wisconsin Supreme Court · 1896
- Koop v. BurrisWisconsin Supreme Court · 1897
- Hubbard v. TaylorWisconsin Supreme Court · 1880
- Brewer v. LandisMichigan Supreme Court · 1896
3Cited by17 opinions
- Suring State Bank v. GieseWisconsin Supreme Court · 1933
- American Family Mutual Insurance v. ShannonWisconsin Supreme Court · 1984
- Greenberg v. City of WaterburySupreme Court of Connecticut · 1933
- Teachers' Retirement Fund Ass'n v. PirieOregon Supreme Court · 1935
- Mason v. BraughtSouth Dakota Supreme Court · 1914
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