Legal Opinion

Bur v. Bong

Wisconsin Supreme Court

Decided February 9, 1915PublishedCited by 13 opinions

Appeal from a judgment of the circuit court for Winnebago county: Geo. W. BubNell, Circuit Judge. Plaintiff brings this action to foreclose a mortgage and for the sale of the property mortgaged. In 1890 the defendant Bong was the owner of lot 14 and an undivided three-ninths of lots 15 and 16 in block 42 in the city of Green Bay. In 1891 he mortgaged his interest in this real estate to one Vro-man.

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Appeal from a judgment of the circuit court for Winnebago county: Geo. W. BubNell, Circuit Judge. Plaintiff brings this action to foreclose a mortgage and for the sale of the property mortgaged. In 1890 the defendant Bong was the owner of lot 14 and an undivided three-ninths of lots 15 and 16 in block 42 in the city of Green Bay. In 1891 he mortgaged his interest in this real estate to one Vro-man. The remaining six-ninths of lots 15 and 16 were owned by the children of Bong. In 1892 Bong became possessed of the title to another one-ninth of lots 15 and 16, and on July 18, 1893, he executed a…

1Opinion of the Court

The following opinion was filed January 12, 1915:

Siebecicee, J.

The plaintiff’s right to foreclose his mortgage, although the note secured by the mortgage is barred by *502the statute of limitations, has been well established by the decisions of this court. Wiswell v. Baxter, 20 Wis. 680; Knox v. Galligan, 21 Wis. 470; Phelan v. Fitzpatrick, 84 Wis. 240, 54 N. W. 614; Duecker v. Goeres, 104 Wis. 29, 80 N. W. 91. The mortgagee under such circumstances is also entitled to recover interest on the principal sum if the note and mortgage provide for the payment of interest. Wiswell v. Baxter, supra.

The…

2Cases cited18 opinions

  1. Ludington v. PattonWisconsin Supreme Court · 1901
  2. McCann v. WelchWisconsin Supreme Court · 1900
  3. Maxwell v. HartmannWisconsin Supreme Court · 1881
  4. Rogers v. Van NortwickWisconsin Supreme Court · 1894
  5. Avery v. JuddWisconsin Supreme Court · 1866

13 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Mutual Federal Savings & Loan Ass'n v. Wisconsin Wire WorksWisconsin Supreme Court · 1973
  2. Wisconsin Brick and Block Corp. v. VogelWisconsin Supreme Court · 1972
  3. Paterson v. PatersonWisconsin Supreme Court · 1976
  4. Knowlton v. CoyeNorth Dakota Supreme Court · 1949
  5. Driscoll v. TillmanWisconsin Supreme Court · 1917

8 more not listed; retrieve them via the Exa API.

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