The Northwestern Mut. Life Ins. Co. v. Neeves
| Decision Date | 01 January 1879 |
| Citation | 49 N.W. 832,46 Wis. 147 |
| Parties | THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY v. NEEVES and others |
| Court | Wisconsin Supreme Court |
APPEAL from the Circuit Court for Wood County.
Foreclosure of a mortgage executed September 21, 1874. The action was commenced in October, 1876, the complaint being in the usual form. On the 21st of March, 1877, none of the defendants having appealed, the complaint was so amended as to demand the relief provided for by ch. 143 of 1877; and on the same day judgment for such relief was rendered; from which defendants appealed.
Judgment affirmed.
For the appellants, there was a brief by Powers & Briggs, and oral argument by Mr. Powers.
D. G Hooker, for respondent.
The objection taken, that the judgment in this action was rendered before the complaint was filed, is not sustained by the record; for it is stated in the order of publication that the complaint was then on file, and this must be taken as true.
The mortgage in this case was given while chapter 195, Laws of 1859, was in force, by which a right of redemption within one year after a sale of the mortgaged premises under a judgment of foreclosure was given; and the judgment thereon is rendered under, and conforms to, the provisions of chapter 143, Laws of 1877, which do not provide for any such redemption, but postpone the sale of the mortgaged premises one year from the date of the judgment, and repeal said chapter 195, Laws of 1859.
Whether it would have been proper in this case to have made the judgment conform to the provisions of the law of 1859, we are not called upon to decide; but section 8 of the law of 1877 appears to allow the law of 1859 to remain in force only as to judgments rendered before its repeal; and the act of 1877 was clearly intended, with this exception, to be applicable to proceedings in foreclosure of all mortgages, whether given during the existence of the law of 1859 or since.
The only question made was as to the constitutionality of the law of 1877, thus construed to embrace proceedings for the foreclosure of mortgages so given under the law of 1859 and before its repeal.
The view we take of the provisions of these two acts renders it unnecessary to go into the discussion of the general subject of laws impairing the obligation of contracts, or a review of authorities upon that subject.
The law of 1877 does not materially or...
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