Legal Opinion

Hubbard v. Taylor

Wisconsin Supreme Court

Decided March 30, 1880PublishedCited by 3 opinions

APPEAL from the Circuit Court for Outagamie County. The action was for the foreclosure of a mortgage; and, without any answer or appearance on the part of the defendants, judgment of foreclosure was entered on the 8th of June, 1877, with the usual order of sale.

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APPEAL from the Circuit Court for Outagamie County. The action was for the foreclosure of a mortgage; and, without any answer or appearance on the part of the defendants, judgment of foreclosure was entered on the 8th of June, 1877, with the usual order of sale. The premises were first advertised to be sold on the 19th of April, 1879; but the sale was continued by five successive adjournments until September 26, 1879, when the premises were duly struck off to Theodore donkey for $1000, and the money was paid by him to the sheriff, donkey and one Rogers seem to have been the only persons…

1Opinion of the CourtCole, J.

'Whether the defendants could have had the sale set aside on the motion made by the purchaser to confirm, is a question of no practical importance in this case. It is sufficient to say that they deemed it advisable to move themselves in the matter, and therefore they obtained and served an order upon him to show cause1 why the sale should not be set aside. Surely the purchaser has no reason to complain of this action on their part, even if it was unnecessary, and if they could have had the relief ashed by them on his motion to confirm. This is all we deem it necessary to say on the first…

2Cases cited2 opinions

  1. Strong v. CattonWisconsin Supreme Court · 1853
  2. Kemp v. HeinWisconsin Supreme Court · 1879

3Cited by3 opinions

  1. Family Savings & Loan Ass'n v. Barkwood Landscaping Co.Wisconsin Supreme Court · 1980
  2. Kremer v. ThwaitsWisconsin Supreme Court · 1900
  3. John Paul Lumber Co. v. NeumeisterWisconsin Supreme Court · 1900

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