Jurgens v. Cotton

By the Court,

Cole, <7.

This case presents precisely the *375same question of practice as was involved in the case Howe vs. English, 6 Wis., 262. A part only of tbe gage debt was due, and tbe mortgaged property was so circumstanced tbat it could not be sold in parcels. Tbe judgment did not provide tbat if, previous to a sale under it, tbe mortgagor should pay tbe amount actually due upon tbe mortgage, witb interest and costs, tben tbe proceedings should be stayed, but was for an absolute sale of tbe property, and tbat tbe respondent be paid tbe whole sum due and to become due. In Howe vs. English,…