Bank of Sheboygan v. Fessler

This is an action at law on a promissory note. A note and mortgage were executed at the same time, and under the law of this state the payee has a choice of remedies. It may elect to sue on the note or foreclose the mortgage, these actions can be instituted at the same time; or the payee can combine the two in an action seeking foreclosure and a deficiency judgment. Neither the nature of this action on the note, nor the right to maintain it, is affected by the fact that the note is secured by a mortgage, except as stipulations in the mortgage may become a part of the contract provisions of…