Hackett v. Van Dusen
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Price county: Johw K. Pabish, Circuit Judge. Action to foreclose a mortgage of land. The appeal is by the mortgagor from a judgment of foreclosure and sale. cited Stwrdevcmt v. Mather, 20 Wis. 576; Bur chard v. Roberts, 70 Wis. Ill; Mamnig v. Mueller, 82 Wis. 235; Mill v. Buffington, 106 Wis. 525; Fischel v. Thompson, 126 Wis. 73; Cooley, Taxation (2d ed.) 503, 504; Maxfield v. Willey, 46 Mich. 252, 9 N. W. 271.
1Opinion of the CourtTimlik, J.
This appeal presents the single question whether an action for foreclosure of a mortgage can be de*205feated by prior tender, kept good, of tbe amount due on the mortgage with interest, in a case where the mortgagee had prior to such tender purchased from others and hid in at tax sale certificates of tax sales on the mortgaged premises in order to protect her lien under the mortgage. This question we are compelled to answer in the negative, because it has been decided by this court that such, acts on the part of the mortgagee amount to a payment of the taxes. Hill v. Buffington, 106 Wis. 525, 82…
2Cases cited5 opinions
- Burchard v. RobertsWisconsin Supreme Court · 1887
- Fisk v. BrunetteWisconsin Supreme Court · 1872
- Hill v. BuffingtonWisconsin Supreme Court · 1900
- Endress v. ShoveWisconsin Supreme Court · 1901
- Heller v. NeevesWisconsin Supreme Court · 1896
3Cited by2 opinions
- Marwalt Realty Co. v. GreeneWisconsin Supreme Court · 1937
- Paetz v. McKayWisconsin Supreme Court · 1934