Sauer v. Steinbauer
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, MILWAUKEE COUNTY. This action was brought by Ferdinand Sauer against Charles Steinbauer, to foreclose a mortgage on which one of three payments had become due, and the others to become due; on which judgment was entered for the whole amount, and for an absolute sale of the mortgaged premises. From which the defendant appealed to this court.
1Opinion of the Court
By the Court,
Paine, J.
The single question presented on this appeal is, whether, in a judgment of foreclosure and sale, where some of the instalments are yet to become due, it is necessary to insert the provisions of the statute, that if the money is paid before sale, the proceedings should be stayed. The point has been decided in fhe affirmative by this court, in Howe vs. English, 6 Wis., 262, and that decision was again followed in Wood et al. vs. Trask et al., 7 id., 566. And whatever might be the opinion of the court as now constitu*371ted, were the question now first presented, yet we do not…
2Cases cited1 opinion
- Howe v. EnglishWisconsin Supreme Court · 1858
3Cited by2 opinions
- Jurgens v. CottonWisconsin Supreme Court · 1861
- Paulus v. O'NeillWisconsin Supreme Court · 1901