Button v. Schroyer
Wisconsin Supreme Court
. The complainant entered into a -written contract with the defendant for the sale of a certain tract of land. A part of the purchase money was paid down, the remainder to be paid in installments, and when fully paid, a conveyance of the title in fee simple to be made.
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. The complainant entered into a -written contract with the defendant for the sale of a certain tract of land. A part of the purchase money was paid down, the remainder to be paid in installments, and when fully paid, a conveyance of the title in fee simple to be made. Some of the installments of purchase money remained unpaid after they had become due and payable by the terms of the contract (the vendee being in possession), and the vendor filed his bill to foreclose or extinguish the equity of redemption of the vendee. The Circuit Court made the usual decree of foreclosure and sale, as in…
1Per curiam
This is an ordinary case of a contract for the sale and conveyance of real estate, part of the j urchase money having been paid and possession taken, and the title withheld as security for the remainder of the purchase money. There is no doubt but that a court of equity has jurisdiction in such cases, as *599well to relieve tbe vendor as tbe vendee npon failure to comply. Tbe relation between tbe parties is analogous to that of equitable mortgagor and mortgagee. Tbe former bas an equity of redemption, tbe latter bas tbe correlative ngbt of foreclosure. A court of equity will relieve against…
2Cited by36 opinions
- Skendzel v. MarshallIndiana Supreme Court · 1973
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Kallenbach v. Lake Publications, Inc.Wisconsin Supreme Court · 1966
- Oconto Co. v. BaconWisconsin Supreme Court · 1923
- Sievers v. BrownOregon Supreme Court · 1899
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