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18 Wis. 241

Jones v. Dow

Wisconsin Supreme Court

Decided June 15, 1864

Wisconsin Supreme Court · decided 1864-06-15

. Foreclosure of a mortgage, executed in 1856. The mortgaged premises consisted of two parcels of land in the village of Whitewater, one of them a business lot and the other a lot occupied by the mortgagor, Dow, as his homestead. Before the sale, the defendant Dow served upon the sheriff a written demand that he offer for sale first the business lot, on the ground that he claimed the other as his homestead.

Good law ✅— No negative treatment on recordhow we know

Decided 1864-06-15

How this case has been cited

Cited by 6 later decisions — most recently April 1909

4 state decisions

2018641870188018901900decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1By the Court,

DixoN, C. J.

¶2However just and reasonable it might be for the court to compel a sale of the business lot first, and thus save the homestead, if that were the only question, yet we think Bow’s equity to hold his homestead fully countervailed by the equities of his creditors, who must look to the business lot for their satisfaction, and who have no lien upon the homestead. Until the legislature shall have declared the obligation to preserve the homestead superior to that of paying one’s honest debts, we must hold the equity of the creditor at least equal to that of the debtor in cases like this. The application to open the sale, and for a sale of the business lot first, being addressed to the sound discretion of the court, that discretion was properly exercised in refusing the order and permitting the sale already made to stand.

¶3Order affirmed.

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