Gerhardt v. Ellis
Wisconsin Supreme Court
'Appeal from a judgment of the circuit court for Polk county: A. J. Yxuje, Circuit Judge. This is an appeal from an order sustaining an objection to any evidence under tbe complaint for want of facts sufficient to constitute a cause of action. Tbe action was brought by one of tbe beirs of tbe mortgagor against tbe mortgagee and bis assigns in possession for an accounting for rents and waste and to redeem.
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'Appeal from a judgment of the circuit court for Polk county: A. J. Yxuje, Circuit Judge. This is an appeal from an order sustaining an objection to any evidence under tbe complaint for want of facts sufficient to constitute a cause of action. Tbe action was brought by one of tbe beirs of tbe mortgagor against tbe mortgagee and bis assigns in possession for an accounting for rents and waste and to redeem. Tbe complaint states in substance that plaintiff is a son of A. W. Gerbardt, wbo died intestate August 6, 1888, leaving bim surviving bis widow, A. W. Gerbardt, Jr., and tbe plaintiff; that…
1Opinion of the CourtKebwin, J.
The only question involved is whether the complaint states a cause of action. This turns mainly upon the construction of secs. 3165, 3169, Stats. (1898), respecting *195the time within wbieb a mortgagor, bis beirs, personal representatives, or assigns may redeem. A mortgage in Wisconsin bolding a mortgage upon lands in tbis state bas a lien upon tbe real estate mortgaged to secure bis debt. Brinkman v. Jones, 44 Wis. 498. And a foreclosure is not completed until tbe sale on foreclosure is confirmed. Allen v. Elderkin, 62 Wis. 627, 22 N. W. 842; Welp v. Gunther, 48 Wis. 543, 4 N. W. 647. It…
2Cases cited3 opinions
- Brinkman v. JonesWisconsin Supreme Court · 1878
- Welp v. GuntherWisconsin Supreme Court · 1880
- Allen v. ElderkinWisconsin Supreme Court · 1885
3Cited by17 opinions
- Shuput v. LauerWisconsin Supreme Court · 1982
- GMAC Mortgage Corp. v. GisvoldWisconsin Supreme Court · 1998
- In Re LYNCHUnited States Bankruptcy Court, W.D. Wisconsin · 1981
- Family Savings & Loan Ass'n v. Barkwood Landscaping Co.Wisconsin Supreme Court · 1980
- Gumz v. ChickeringWisconsin Supreme Court · 1963
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