Encking v. Simmons
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond du Lao County. Tbe complaint alleges that plaintiff is tbe owner in fee and in possession of certain described real estate, and derived bis title thereto from one Joban Gretman, late of said county, deceased; that defendant, as administrator of tbe estate of said' Gretman, bas advertised to sell said real estate at public ven.-due, at a place and time designated, and will so sell it and will-convey it, unless restrained, etc.; and it…
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APPEAL from tbe Circuit Court for Fond du Lao County. Tbe complaint alleges that plaintiff is tbe owner in fee and in possession of certain described real estate, and derived bis title thereto from one Joban Gretman, late of said county, deceased; that defendant, as administrator of tbe estate of said' Gretman, bas advertised to sell said real estate at public ven.-due, at a place and time designated, and will so sell it and will-convey it, unless restrained, etc.; and it aslrs fora judgment permanently restraining sucb sale, and requiring defendant to release to tbe plaintiff all bis claim…
1Opinion of the CourtDixoN, C. J.
Tbe-statute authorizing tbe foreclosure of mortgages by advertisement includes by its very terms every mortgage of real estate containing a power of sale, and makes no exception in favor of insane persons, idiots, lunatics, infants or others under disability. Tbe language is: “ Every mortgage of real estate, containing a power of sale, upon default being made in any condition of such mortgage, may be foreclosed by advertisement, in tbe cases and in tbe manner hereinafter specified.” B. S.,’ch. 154, sec. 1. Tbe proposition, however it may once have been held or considered, tbat tbe courts,…
2Cases cited7 opinions
- First Massachusetts Turnpike Corp. v. FieldMassachusetts Supreme Judicial Court · 1807
- Sherwood v. SuttonU.S. Circuit Court for the District of New Hampshire · 1828
- Collins v. CarmanCourt of Appeals of Maryland · 1853
- Woodbury v. ShacklefordWisconsin Supreme Court · 1865
- Persons v. JonesSupreme Court of Georgia · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Sutliff, Inc. v. Donovan Companies, Inc.Court of Appeals for the Seventh Circuit · 1984
- Mellen Lumber Co. v. Industrial CommissionWisconsin Supreme Court · 1913
- Peters v. KellWisconsin Supreme Court · 1960
- Laughter v. SeelaTexas Supreme Court · 1883
- Casson v. SchoenfeldWisconsin Supreme Court · 1918
14 more not listed; retrieve them via the Exa API.