Fish v. Collins
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Sauk county: James O’Neill, Judge. Plaintiff brought this action to remove a cloud upon his title.
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Appeal from a judgment of tbe circuit court for Sauk county: James O’Neill, Judge. Plaintiff brought this action to remove a cloud upon his title. The facts are these: On December 15, 1887, plaintiff was the owner of forty acres of land in Sauk county, and on that date he gave a mortgage upon said land to secure the payment of $250. The mortgage was thereafter assigned to the defendant Collins, who foreclosed the mortgage, and judgment of foreclosure was rendered on September 15, 1890. In 1895 Collins attempted to sell the land under his judgment, but no report of sale was ever made, no deed…
1Opinion of the CourtHosuNBEKRT, J.
Plaintiff claims that the judgment of foreclosure and sale entered September 15, 1890, is barred by sub. (1), sec. 4220, Stats., as follows:
“Within twenty years: (1) an action upon a judgment or decree of any court of record of this state or of the United States sitting within this state.”
As to this claim it is sufficient to say that advertising the property for sale under the foreclosure judgment is not an action and is therefore not within the terms of sub. (1), sec. 4220.
It is further claimed that, because the personal liability of the plaintiff is extinguished, the lien of the mortgage…
2Cases cited3 opinions
- Whereatt v. WorthWisconsin Supreme Court · 1900
- Roach v. Sanborn Land Co.Wisconsin Supreme Court · 1908
- Fisk v. JeneweinWisconsin Supreme Court · 1889
3Cited by8 opinions
- Pugnier v. RamharterWisconsin Supreme Court · 1957
- Roberts v. RobertsWyoming Supreme Court · 1945
- First Nat. Bank of Madison v. KolbeckWisconsin Supreme Court · 1945
- Security National Bank v. CohenWisconsin Supreme Court · 1966
- Bogle's Administrator v. ThompsonCourt of Appeals of Kentucky (pre-1976) · 1929
3 more not listed; retrieve them via the Exa API.