Bliss v. Weil
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Washington County. Tbe case is stated in tbe opinion of tbe court Tbe decree in tbe district court was rendered on tbe 9tb of August, 1858 ; tbe portion of it wbicb is referred to in tbe opinion as containing “ a further clause for judgment for any deficiency ” &e., was as follows: “ And in case said premises shall be sold under this decree, and shall not produce sufficient to satisfy the amount so reported as secured and unpaid, with…
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APPEAL from tbe Circuit Court for Washington County. Tbe case is stated in tbe opinion of tbe court Tbe decree in tbe district court was rendered on tbe 9tb of August, 1858 ; tbe portion of it wbicb is referred to in tbe opinion as containing “ a further clause for judgment for any deficiency ” &e., was as follows: “ And in case said premises shall be sold under this decree, and shall not produce sufficient to satisfy the amount so reported as secured and unpaid, with interest and costs of this suit and of such sale, it is further ordered that the said complainant be at liberty at any time…
1Opinion of the Court
By die Gourt,
Cole, J.
The single question presented in this case is, whether the proceedings and decree of foreclosure in the United States district court constitute a bar to this suit. The action is brought on a promissory note given by the respondent to the appellant, bearing date the 26th of *37August, 1857, for $8,140, and made payable two years from date. At the same time another note was given for payable ninety days from date. To secure the payment of these notes, a mortgage was simultaneously executed by the respondent and wife. When the first note became due, proceedings were instituted…
2Cases cited3 opinions
- Hatch v. WhiteU.S. Circuit Court for the District of New Hampshire · 1814
- Globe Insurance v. LansingNew York Supreme Court · 1826
- Omaly v. SwanU.S. Circuit Court for the District of Massachusetts · 1824
3Cited by1 opinion
- Young v. VailNew Mexico Supreme Court · 1924