Homestead Land Co. v. Saveland
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Warren D. Tarrant, Circuit Judge. By warranty deed dated May 2, 1894, Oharles Stropahl and wife conveyed certain premises to the defendant William Foesch, which deed contained the following clause: “That there is a mortgage on said premises on which there is a balance due of three hundred sixty-five dollars ($365.00), which the party of the second part (Foesch) assumes as part purchase price for said premises,…
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Appeal from a judgment of the circuit court for Milwaukee county: Warren D. Tarrant, Circuit Judge. By warranty deed dated May 2, 1894, Oharles Stropahl and wife conveyed certain premises to the defendant William Foesch, which deed contained the following clause: “That there is a mortgage on said premises on which there is a balance due of three hundred sixty-five dollars ($365.00), which the party of the second part (Foesch) assumes as part purchase price for said premises, with interest from the date hereof.” Thex*eafter said Foesch conveyed the same premises by warranty deed to the…
1Opinion of the CourtBarnes, J.
In Gaynor v. Blewett, 86 Wis. 399, 400, 51 N. W. 44, the court said:
“The statute (sec. 3156, B. S.) requires that judgment for the deficiency shall be ordered in the original judgment. The-order is a necessary part of the judgment of foreclosure, and it is a final adjudication of the defendant’s common-law liability for the debt. The formal judgment is rendered and docketed as of course, on the coming in and confirmation of' the report of sale showing the amount of the deficiency.”
That part of a foreclosure judgment which orders a judgment for deficiency is appealable, and an appeal from…
2Cases cited5 opinions
- Bailey v. CostelloWisconsin Supreme Court · 1896
- Gaynor v. BlewettWisconsin Supreme Court · 1893
- Whitney v. KarnerWisconsin Supreme Court · 1878
- Pereles v. LeiserWisconsin Supreme Court · 1904
- Richards v. Land & River Improvement Co.Wisconsin Supreme Court · 1898
3Cited by1 opinion
- Shuput v. LauerWisconsin Supreme Court · 1982