Homestead Land Co. v. Joseph Schlitz Brewing Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. This action was instituted for the foreclosure of a 'mortgage of $2,300. The defendant Joseph Sehlitz Brewing-Company had a second mortgage on the property of $600. Defendant Herman Schütz had a third mortgage. The foreclosure proceedings resulted in a judgment of foreclosure and sale.
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Appeal from an order of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. This action was instituted for the foreclosure of a 'mortgage of $2,300. The defendant Joseph Sehlitz Brewing-Company had a second mortgage on the property of $600. Defendant Herman Schütz had a third mortgage. The foreclosure proceedings resulted in a judgment of foreclosure and sale. The property was sold pursuant thereto, and' was bid in by plaintiff for the amount due on the first mortgage and costs, $2,896.93. Thereafter the second mortgagee moved the court to set aside tbe sale and to order a…
1Opinion of the CourtMaeshall, J.
The granting or refusing of^an application to set aside a judicial sale and order a resale, as a matter of favor, rests in the sound discretion of the court. It may confirm the sale, or refuse to confirm, set aside the sale and *602order a resale, in the exercise of discretion, to the end that justice may be done to all parties interested. Rorer, Jud. Sales, 231; Jones, Mortgages, § 1640. The determination of the trial court on such an application cannot be disturbed except for clear abuse of judicial discretion. Such is the well-established rule governing the subject of this appeal. Adams v.…
2Cases cited1 opinion
- Adams v. HaskellWisconsin Supreme Court · 1859
3Cited by7 opinions
- Family Savings & Loan Ass'n v. Barkwood Landscaping Co.Wisconsin Supreme Court · 1980
- Kremer v. ThwaitsWisconsin Supreme Court · 1900
- John Paul Lumber Co. v. NeumeisterWisconsin Supreme Court · 1900
- Koop v. BurrisWisconsin Supreme Court · 1897
- Cameron v. HeinzeWisconsin Supreme Court · 1939
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