Strother v. Wilkinson

2 Citing cases

  1. Shuput v. Lauer

    109 Wis. 2d 164 (Wis. 1982)   Cited 100 times
    Holding that "judgment of foreclosure and sale is a final judgment appealable as a matter of right" and that "the order confirming the sale is a final order appealable of right . . . that enables the appellant to challenge the proceedings subsequent to the judgment of foreclosure and sale, not the judgment itself"

    the proceedings subsequent thereto relating to the sale are analogous to the execution of a judgment and simply enforce the parties' rights which have been adjudicated; that a party who wishes to contest the judgment of foreclosure and sale must appeal from that judgment; that the judgment of foreclosure and sale cannot be challenged on appeal from an order confirming the sale; and that on an appeal from an order confirming the sale an aggrieved person may challenge the regularity of the proceedings subsequent to the judgment of foreclosure and sale.See, e.g., 2 Wiltsie On Mortgage Foreclosure, sec. 741, p. 1189 (5th ed. 1939); 10 Thompson, The Modern Law of Real Property, sec. 5164, pp. 143-44 (Grimes ed. 1957); 3 Jones, On Mortgages, secs. 2034, 2104, pp. 486, 591, 593 (8th ed. 1928); 1 Glenn, On Mortgages, sec. 66, pp. 415-17 (1943); Ray v. Law, 7 U.S. (3 Cranch) 179 (1805); Dodge v. Davidson, 27 Minn. 376, 7 N.W. 732 (1880); Kirby v. Runals, 140 Ill. 289, 29 N.E. 697, 698 (1892); Strother v. Wilkinson, 108 Okla. 57, 233 P. 719, 720 (1925); Fiman v. Hagedorn, 185 Minn. 582, 242 N.W. 292, 294 (1932); MDG Supply, Inc. v. Diversified Investments, Inc., 51 Haw. 375, 463 P.2d 525, 528 (1969), cert. den. sub nom. 400 U.S. 868 (1970). That we view the judgment of foreclosure and sale as a final judgment in no way contradicts Family Savings Loan Assn. v. Barkwood Landscaping Co., Inc., 93 Wis.2d 190, 205-06, 286 N.W.2d 581 (1979), in which the finality of an execution sale is contrasted with that of a foreclosure sale.

  2. Barnard v. First Nat. Bank of Miami

    176 Okla. 326 (Okla. 1936)   Cited 5 times

    This leaves for consideration the second and third propositions, which may be summarized as error of the court in refusing to stay confirmation pursuant to the provisions of chapter 16, Session Laws 1933, and abuse of judicial discretion and refusal of the court to deny confirmation under its broad chancery powers. Defendants cite and rely wholly upon Strothers v. Wilkinson, 108 Okla. 57, 233 P. 719 (wherein we held that a bidder at a judicial sale is subject to contempt proceedings if he neglects or refuses to make good his bid); and the case of Suring State Bank v. Giese (Wis.) 246 N.W. 556, 85 A. L. R. 1477. For reasons that will appear later in this opinion we deem the first case cited to be inapplicable to the situation presented by the record herein; and as to the latter case we have heretofore discussed the holding therein announced at some length in the case of State ex rel. Commissioners of the Land Office v. Harrower, 167 Okla. 269, 29 P.2d 123 (which see for collection of previous decisions of this court and full discussion of their holdings therein as well as decisions from other jurisdictions). We are of the opinion, however, that the questions presented by this appeal are not within the rule announced in the above cited case, but are more nearly analogous to the questions which were raised and decided by us in Aldridge Hotel Co. v. Mainard, 171 Okla. 422, 43 P.2d 7