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95 Wis. 301

Koop v. Burris

Wisconsin Supreme Court

Decided February 23, 1897

Wisconsin Supreme Court · decided 1897-02-23

ClbmeNtsoN, Circuit Judge. On the 80th day of January, 1895, a judgment of foreclosure and sale was entered in the usual form. Such proceedings were thereafter Nhad that the mortgaged premises were duly advertised for sale on the 2d day of April, 1896. The amount then due was about $29,438. The premises consisted of about 900 acres of valuable lands, on which were several dwelling houses and other buildings. Such lands included the homestead of one of the defendants.

Relies on Homestead Land Co. v. Joseph Schlitz Brewing Co.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1897-02-23

How this case has been cited

Cited by 6 later decisions — most recently January 1980

1 district · 5 state decisions

301897190019101920193019401950196019701980decided

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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HaRshall, J.

¶1This appeal challenges a decision respect-" ing a matter which was addressed to the judicial discretion ■of the trial court. It therefore cannot be disturbed, unless it appears clearly that such discretion was abused. The law applicable to such cases has been so often stated, and was so recently discussed in Homestead Land Co. v. Joseph Schlitz Brewing Co. 94 Wis. 600, that a rediscussion of the subject at this time would not serve any valuable purpose. 'The rule that a judicial sale should not be set aside for mere *305inadequacy of price hardly applies in. this case, for .the trial judge had before him facts tending strongly to prove that persons who desired to purchase at the sale were misled, to defendants’ prejudice, by statements made by the sheriff prior to such sale respecting whether successful bidders would be required to make immediate full payment in cash, and that, by a resale, the injury thereby done would be remedied, without any prejudice to plaintiff respecting the recovery of the amount due on the foreclosure judgment. Such being the case, we cannot say it was an abuse of discretion to make the order appealed from.

¶2By the Qourt,— Order affirmed.

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