Lloyd v. Frank
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Jefferson County. Judgment in foreclosure having been rendered against defendant, be moved to set aside tbe sale thereunder and to vacate said judgment, upon the ground that tbe Circuit Court bad failed to comply with tbe provisions of tbe statute (R. S. cb. 145, sec. 1, as amended by cb. 188, laws of 1870), in not causing an inquiry to be made as to whether that part of tbe mortgaged premises not included in tbe homestead, could be sold…
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APPEAL from tbe Circuit Court for Jefferson County. Judgment in foreclosure having been rendered against defendant, be moved to set aside tbe sale thereunder and to vacate said judgment, upon the ground that tbe Circuit Court bad failed to comply with tbe provisions of tbe statute (R. S. cb. 145, sec. 1, as amended by cb. 188, laws of 1870), in not causing an inquiry to be made as to whether that part of tbe mortgaged premises not included in tbe homestead, could be sold .separately without injury to tbe owner. Tbe motion was overruled and defendant appealed.
1Opinion of the CourtDole, J.
Tbe defendant insists that tbe sale in tbis case *307should have been set aside on account of tbe failure of tbe Circuit Court to comply with tbe provisions of section 1, ch. 145, R. S., as amended by ch. 133, laws of 1870. That section provides that if any portion of tbe mortgaged premises shall consist of a homestead, it shall be tbe duty of tbe court, in such manner as it shall direct, to ascertain whether tbe part of such mortgaged premises not included in tbe homestead can be sold separately without injury to tbe owner, and if tbe court shall so find, then in that case the judgment shall…
2Cases cited1 opinion
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