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20 Wis. 680

Wiswell v. Baxter

Wisconsin Supreme Court

Decided June 15, 1866

Wisconsin Supreme Court · decided 1866-06-15

Action, commenced in 1862, to foreclose two mortgages executed in 1849 and 1851 respectively by the defendant Baxter. The first mortgage was given to secure the payment of $300, “ according to the condition of a certain note,” of the same date; which note called for the payment of said sum in three equal installments in 1851, 1852, and 1853, with interest at seven per cent.

Key passage — most relied on by later courts

“[f]or the foreclosure and sale of the mortgaged premises.”

quoted by 1 later decision, including 381 Wis. 2d 218 - Bank of N.Y. Mellon v. Klomsten

Good law ✅— No negative treatment on recordhow we know

Decided 1866-06-15

How this case has been cited

Cited by 14 later decisions — most recently April 2019

14 state decisions

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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.

View the full empirical analysis of this case →

Cole, J.

¶1It seems to be well established by tbe authorities that tbe six years statute of limitation constitutes no bar to a suit to foreclose tbe mortgage, although it might have been *682pleaded to a suit upon tbe notes. These mortgages are under seal, and recognize distinctly tbe debt to secure tbe payment of wbicb they are given. There is no question as to whether or not the personal liability of the mortgagor continues, since no judgment for a deficiency is ashed against him. And in fact, judgment was only taken for the foreclosure and sale of the mortgaged premises to satisfy the amount found due upon the mortgages. That this judgment was correct is clear from the adjudicated cases cited by the counsel for the respondent.

¶2A question is made as to whether the interest was rightly computed upon the seventy-five dollar mortgage. That mortgage was given to secure the payment of “ the sum of seventy-five dollars, with interest thereon according to the condition of one certain promissory note,” accompanying the same; and by the note the mortgagor promised to pay interest on the note at the rate therein specified “ until paid.'" In view of this language there would not seem to be room for doubt as to what rate of interest the mortgage debt bears.

¶3We can see no error in the judgment, and think it must be affirmed.

¶4By the Court. — Judgment affirmed.

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