Legal Opinion

Landon v. Burke

Wisconsin Supreme Court

Decided June 15, 1874PublishedCited by 10 opinions

APPEAL from the Circuit Court for Grant County. This was an action for the strict foreclosure of a land contract on the ground of default of payment by the vendee. The contracting parties were Gr. W. Ryland, the assignor of the plaintiff, and Ann E. Burke, who is the wife of the other defendant, Abdon L. Burke. The plaintiff^ prayer for relief, and the judgment, sufficiently appear in the opinion.

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APPEAL from the Circuit Court for Grant County. This was an action for the strict foreclosure of a land contract on the ground of default of payment by the vendee. The contracting parties were Gr. W. Ryland, the assignor of the plaintiff, and Ann E. Burke, who is the wife of the other defendant, Abdon L. Burke. The plaintiff^ prayer for relief, and the judgment, sufficiently appear in the opinion. The defendants appealed from the judgment. 1. The judgment provides for the removal of the defendants from the premises in a manner unknown to the law, or any practice. The authority by which it is…

1Opinion of the CourtCole, J.

This is an appeal from a judgment entered on default. The action is brought to foreclose a contract for the sale and conveyance of real estate on account of the failure of the vendee to make payments according to the contract. A judgment of strict foreclosure was entered in conformity with the practice established in Button v. Schroyer, 5 Wis., 598, and Baker v. Beach, 15 id., 99.

It is claimed by the counsel for the defendants that this judgment should have been for a sale of the premises, instead of a strict foreclosure. It is said that ch. 195, Laws of 1859, sec. 5 (Tay. Stats., 1702, § 6),…

2Cases cited2 opinions

  1. Button v. SchroyerWisconsin Supreme Court · 1856
  2. Goit in the Suit of Knapp v. DickermanWisconsin Supreme Court · 1866

3Cited by10 opinions

  1. Hoile v. BaileyWisconsin Supreme Court · 1883
  2. Oconto Co. v. BaconWisconsin Supreme Court · 1923
  3. Baldwin v. McDonaldWyoming Supreme Court · 1916
  4. Security Savings Co. v. MackenzieOregon Supreme Court · 1898
  5. Nelson v. JacobsWisconsin Supreme Court · 1898

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