Packard v. Kinzie Avenue Heights Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Racine county: Prank 1L Pish, Circuit Judge. A judgment of foreclosure and sale was rendered November 12, 1894, adjudging $1,109.18 to be due plaiutiffs for interest, costs, taxes, and solicitor’s fees, $831 to become due August 10, 1895, the same amount to become due August 10, 1896, and $14,681 to become due August 10,1897. The judgment provided that if the proceeds of the sale should be insufficient to pay the amount due at…
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Appeal from a judgment of the circuit court for Racine county: Prank 1L Pish, Circuit Judge. A judgment of foreclosure and sale was rendered November 12, 1894, adjudging $1,109.18 to be due plaiutiffs for interest, costs, taxes, and solicitor’s fees, $831 to become due August 10, 1895, the same amount to become due August 10, 1896, and $14,681 to become due August 10,1897. The judgment provided that if the proceeds of the sale should be insufficient to pay the amount due at the time of the sale, a personal judgment for the deficiency should be rendered against the parties personally liable. A…
1Opinion of the CourtMarshall, J.
It is conceded that the judgment for deficiency appealed from is erroneous unless ordered in the *325decree of foreclosure as actually pronounced by the court. It is claimed by respondents that it was so ordered, but that, by mistake in jireparing the written evidence thereof for action of the court by the signature of the presiding judge or clerk of the court, it was not made to accord with such decision by providing for a judgment for a deficiency as to the amount of the mortgage indebtedness to become due as well as that then due. That such mistakes can be corrected by the court in which they…
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