Weimer v. Uthus

The determination of the questions raised in this case requires a consideration of the matters dealt with in Suring State Bank v. Giese, 210 Wis. 489, 246 N. W. 556. The same matters were dealt with in Kremer v. Rule, 216 Wis. 331, 257 N. W. 166. As was pointed out in Kremer v. Rule, the law declared in the Suring State Bank Case must be considered in connection with the facts of that case. The court did not say in the Suring State Bank Case that in a foreclosure action a court of equity had plenary power to fix a price and compel the mortgagee to accept the property at that price or forego…