Cord v. Hirsch
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Washington County. Foreclosure of a mortgage of real estate, executed January 4, 1859, to secure two notes of tbe same date for $110 each, payable in one and two years from date, with interest. On the first of November, 1859, one Elizabeth Moore purchased the mortgaged premises of Hirsch, and took a deed of him, which was recorded the next day.
Read the full summary
APPEAL from tbe Circuit Court for Washington County. Foreclosure of a mortgage of real estate, executed January 4, 1859, to secure two notes of tbe same date for $110 each, payable in one and two years from date, with interest. On the first of November, 1859, one Elizabeth Moore purchased the mortgaged premises of Hirsch, and took a deed of him, which was recorded the next day. She immediately occupied the premises, and continued to own and occupy them until the commencement of this action, but was not made a party herein. Judgment of foreclosure and sale was rendered July24thf 1860. Costs…
1Opinion of the Court
By the Court,
DixoN, C. J.
For the purpose of appeal, the order confirming the sale and that for judgment for deficiency may be considered one. In general practice they are obtained upon a single motion and entered as one order.
View them as we may, the objections now chiefly urged against the confirmation and judgment amount only to tbis : that there is a defect of parties defendant in the action. They are founded upon the one essential fact, that Mrs. Moore, the owner of the equity of redemption, was not joined as defendant. If she had been, and judgment in form taken against her, it is not…
2Cases cited1 opinion
- Moir v. DodsonWisconsin Supreme Court · 1861
3Cited by3 opinions
- Ambrozich v. City of EvelethSupreme Court of Minnesota · 1937
- Robbins v. DeverillWisconsin Supreme Court · 1865
- Reynolds v. City of WatervilleSupreme Judicial Court of Maine · 1898