Baker v. Beach
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waushara County. In November, 1858, Baker entered into a written contract with Beach, by which the latter agreed to pay him for certain land in Waushara county, $200 in two equal payments, June 1st, 1860, and June 1st, 1861, with interest, &c.; and after such payments Baker was to give Beach a deed of the land.
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APPEAL from the Circuit Court for Waushara County. In November, 1858, Baker entered into a written contract with Beach, by which the latter agreed to pay him for certain land in Waushara county, $200 in two equal payments, June 1st, 1860, and June 1st, 1861, with interest, &c.; and after such payments Baker was to give Beach a deed of the land. On default by Beach in the payment of part of the first in-stalment, this suit was brought to foreclose his equities, and obtain a sale of the lots to pay the amount due on the contract, and a personal judgment against Beach for any deficiency.…
1Opinion of the Court
By the Court,
Paine, J.
In Button vs. Schroyer, 5 Wis., 598, this court held that in actions of this character, the judgment, instead of being for a sale of the property, should be, that unless the money due was paid in a specified time, the defendants should be barred of all equity of redemption.
This makes it necessary to reverse this judgment, and remand the cause with directions to enter judgment in accordance with that decision.
Judgment reversed, with costs, and cause remanded accordingly.
2Cases cited1 opinion
- Button v. SchroyerWisconsin Supreme Court · 1856
3Cited by5 opinions
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- Church v. SmithWisconsin Supreme Court · 1876
- Nelson v. JacobsWisconsin Supreme Court · 1898
- Superior Consolidated Land Co. v. NicholsWisconsin Supreme Court · 1892