Tormey v. Gerhart
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. Foreclosure of a mortgage of land. There was judgment of foreclosure and sale, containing also a clause to the effect that if the proceeds of such sale should be insufficient to pay the amount due the plaintiff, the sheriff should specify the amount of such deficiency in his report of sale, and the defendants John Gerhart and John Kirk should pay the same.
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APPEAL from the Circuit Court for Grant County. Foreclosure of a mortgage of land. There was judgment of foreclosure and sale, containing also a clause to the effect that if the proceeds of such sale should be insufficient to pay the amount due the plaintiff, the sheriff should specify the amount of such deficiency in his report of sale, and the defendants John Gerhart and John Kirk should pay the same. From this part of the judgment Gerhart appealed. who cited sec. 3, ch. 243, Laws of 1862 (Tay. Stats., 1704, § 12); Baird v. McGonkey, 20 Wis., 299; Burdick v. Burdick, id., 348. They…
1Opinion of the CourtCole, J.
The clause in the judgment which is appealed from is erroneous, within the decisions in Baird v. McConkey, 20 Wis., 298, and Burdick v. Burdick, id., 349. It is clearly a judgment for a deficiency, according to these decisions, and cannot he regarded as a direction to the effect that, upon confirmation of the report of sale, an order might he entered that the makers of the notes pay the deficiency, and for an execution, etc. Such a clause or direction in a final judgment of foreclosure might he proper enough; it certainly would not he contrary to the rule laid down in the above adjudications.…
2Cases cited3 opinions
- WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
- The PalmyraSupreme Court of the United States · 1825
- Sellers v. Union Lumbering Co.Wisconsin Supreme Court · 1874
3Cited by5 opinions
- Will of PattisonWisconsin Supreme Court · 1926
- Edleman v. KiddWisconsin Supreme Court · 1885
- Welp v. GuntherWisconsin Supreme Court · 1880
- Huse v. WashburnWisconsin Supreme Court · 1884
- Anchor Savings & Loan Ass'n v. CoyleCourt of Appeals of Wisconsin · 1988