Burdick v. Burdick
Wisconsin Supreme Court
APPEAL from the Circuit Court for Orem Lake County. Foreclosure of a mortgage executed to defendant Shadrach Burdick by defendant Dickinson, to secure bis note, and subsequently assigned and transferred with tbe note to plaintiff together with, a bond of said iShadrach Burdick, conditioned that the principal and interest secured by said note and mortgage should be paid when due. The complaint stated these facts.
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APPEAL from the Circuit Court for Orem Lake County. Foreclosure of a mortgage executed to defendant Shadrach Burdick by defendant Dickinson, to secure bis note, and subsequently assigned and transferred with tbe note to plaintiff together with, a bond of said iShadrach Burdick, conditioned that the principal and interest secured by said note and mortgage should be paid when due. The complaint stated these facts. There was no appearance on the part of Shaclrach Bur-dick, and judgment of foreclosure and sale was rendered, which contained a provision that the defendants should pay any…
1Opinion of the CourtCole, J.
The judgment for deficiency in this case was entered up by the clerk in vacation. This was clearly erroneous. The court was only authorized to give judgment for the deficiency at the time of the confirmation of the report of sale, or some time thereafter. This is the express language of the statute. Sec. 3, chap. 243, Laws of 1862; Baird v. McConkey, [ante, p. 297]. A point is taken, that the appellant was not a proper party to the foreclosure suit, and that no judgment could be rendered against him in that suit for the amount found due after exhausting the mortgaged premises. This position…
2Cited by1 opinion
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