Wiswell v. Baxter
Wisconsin Supreme Court
APPEAL from the Circuit Court for Saule County. Action, commenced in 1862, to foreclose two mortgages executed in 1849 and 1851 respectively by the defendant Baxter. The first mortgage was given to secure the payment of $300, “ according to the condition of a certain note,” of the same date; which note called for the payment of said sum in three equal installments in 1851, 1852, and 1853, with interest at seven per cent.
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APPEAL from the Circuit Court for Saule County. Action, commenced in 1862, to foreclose two mortgages executed in 1849 and 1851 respectively by the defendant Baxter. The first mortgage was given to secure the payment of $300, “ according to the condition of a certain note,” of the same date; which note called for the payment of said sum in three equal installments in 1851, 1852, and 1853, with interest at seven per cent. The second was to secure the payment of $75, with interest thereon, “ according to the condition of a certain promissory note” (describing it), which note called for the…
1Opinion of the CourtCole, J.
It seems to be well established by tbe authorities that tbe six years statute of limitation constitutes no bar to a suit to foreclose tbe mortgage, although it might have been *682pleaded to a suit upon tbe notes. These mortgages are under seal, and recognize distinctly tbe debt to secure tbe payment of wbicb they are given. There is no question as to whether or not the personal liability of the mortgagor continues, since no judgment for a deficiency is ashed against him. And in fact, judgment was only taken for the foreclosure and sale of the mortgaged premises to satisfy the amount found due…
2Cited by22 opinions
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Hayes v. FreyWisconsin Supreme Court · 1882
- Cape Girardeau County ex rel. Road & Canal Fund v. HarbisonSupreme Court of Missouri · 1874
- Satterlund v. BealNorth Dakota Supreme Court · 1903
- Hubbard v. CallahanSupreme Court of Connecticut · 1875
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