Hanson v. Edgar
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oreen County. This action was brought for the foreclosure of a mortgage, executed by one Nelson and wife, upon one hundred and sixty acres of land, including forty acres claimed by the mortgagor as his homestead, upon all of which defendant Edgar held a subsequent mortgage, executed by Nelson but not signed by his wife. The mortgagor defendant made no appearance in the action.
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APPEAL from the Circuit Court for Oreen County. This action was brought for the foreclosure of a mortgage, executed by one Nelson and wife, upon one hundred and sixty acres of land, including forty acres claimed by the mortgagor as his homestead, upon all of which defendant Edgar held a subsequent mortgage, executed by Nelson but not signed by his wife. The mortgagor defendant made no appearance in the action. Defendant Edgar answered, alleging that the lands not included in the homestead were insufficient to satisfy both mortgages, and asking that the homestead be first sold under…
1Opinion of the CourtCole, J.
The judgment of foreclosure was, we think, in accordance with the statute. The defendant Edgar insists that the homestead should be first sold in order to relieve the land subject to his mortgage, as far as possible, from the payment of the plaintiff’s debt. He invokes the equitable rule, that where a creditor has a claim upon two funds, on one of which another person has also a claim, a court of equity will compel the creditor to take satisfaction out of the fund upon which he alone has a claim, when such other person will be prejudiced by allowing the creditor to satisfy his debt out of the…
2Cases cited2 opinions
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