Judgments; Vol. 10, Page 267-269
File Number 98363
In Municipal Court, Langlade County, Wisconsin
Edward Hanke, and
Ida Hanke, his wife,
John J. Stuempges, and
Mrs. John J. Stuempges, his wife;
G.W. Moore, and G.E. Moore,
Individually and as co-partners,
At the regular term of the Municipal Court of Langlade County, Wisconsin begun and held in the Court House, in the City of Antigo, in said County and State, on the last Monday of August, A.D. 1922, and on the 27th day of November, A.D. 1922, in said term.
Present and presiding:
Hon. Arthur Goodrick,
The above entitled action coming on to be heard before the Court without a jury, on the 27th day of November, A.D. 1922, Attorneys Avery & Plantz appearing for the plantiffs, and no one appearing for the defendants or either of them, and due proof having been made and filed that the summons and notice of object of action herein were duly and personally served upon the defendants, John J. Stuempges and Mrs. John J. Stuempges, his wife, on the 11th day of August, 1922, as appears by the sheriff's certificate of service as filed herein, and said defendants, G.W. Moore and G.E. Moore, individually and as co-partners, having appeared in this action by their Attorneys Hay A. White, an said Hay & White having served a notice of retainer and notice of appearance on Avery & Plantz, plaintiffs' attorneys, on the 11th day of August, 1922, and Attorneys Morson & Reinert having served a notice of retainer and notice of appearance for and on behalf of said defendants, John J. Stuempges and Mrs. John J. Stuempges, his wife, and on the 6th day of November, 1922, said plaintiffs, by their attorneys, Avery & Plantz, having served on said attorneys, Morson & Reinert, a regular eight day notice of motion for judgment, the original of which is on file herein, and on the 25th day of November, 1922, said attorneys, Hay & White, on behalf of said defendants, G.W. Moore and G.E. Moore, having entered into stipulation with Avery & Plantz, attorneys for plaintiffs, whereby it was stipulated that judgement could be taken without further notice and without serving the regular eight day notice of motion for judgment, which stipulation is on file herein, and more than twenty days having expired since the service of said summons and notice of object of action on said defendants, John J. Stuempges and Mrs. John J. Stuempges, and more than twenty days having elapsed since the service of the notice of appearance and retainer by Hay & White on behalf of said defendants, G.W. Moore and G.E. Moore, and no answer, or demurrer having been received by plaintiffs or their attorneys, as appears by the affidavit of no answer on file herein, and it further appearing that none of the defendants is an infant, an incompetent, or in the military or naval service of the United State, and the complaint having been duly filed August 11th, A.D. 1922, and the filing fees having been prepaid, and due notice of the pendency of this action having been filed in the office of the Register of deeds of Langlade County, Wisconsin, after filing of the complaint as aforesaid, and on the 11th day of August, A.D. 1922, at 11:30 o'clock A.M., in Volume 2 of Lis Pendens, on page 3, and are made to the plaintiffs or to anyone for their use on account of the demand set forth is the complaint herein, and other proofs having been submitted by the plaintiffs in open court in support of all the allegations of said complaint, and it appearing that all the allegations of said complaint are true.
It Is Ordered And Adjudged:
1. That all the allegations of the complaint herein are proven and true.
2. That on the 26th day of April, 1920, the plaintiffs, being the owners of the premises hereinafter described, entered into a written contract to sell and convey the said to the defendant, John J. Stuempges, for the sum of $10,500, payable as follows, to-wit: $1,500 at the ensealing and delivery thereof and the sum of $1,000 payable April 26, 1921, and on April 26 of each and every year thereafter, until the full sum of $10,500 was paid together with interest at the rate of 6% per annum, payable April 26 each year.
3. That it was further provided in and by the terms of said contract that in case said defendant, John J. Stuempges, should fail or neglect to make any payment provided in said contract, at the time when the same became due and payable, or if he violated any of the terms or conditions of said contract, then and in that case the whole of said principal sum then upaid, together with interest thereon as therein provided, would, at the option of said plaintiffs, be deemed to be due and payable in the same manner as if the whole of said principal sum had been made payable at the time of such failure, neglect or violation would occur, and it was further provided in said contract that if said defendant, John J. Stuempges, should fail to make any of the payments of purchase money or interest at the time and in the manner specified in said contract, or should violate any of the provisions of said contract, then and in that case, said agreement would, at the option of said plaintiffs or the mutual agreement of all parties.
4. That although the sum of $1,000 became due as principal to plaintiffs on said contract on the 26th day of April, 1921, and the sum of $1,000 became due as principal on April 26, 1922, and the sum of $545 became due as interest on April 26, 1922, yet no part of said principal or interest has been paid, except that defendant paid the sum of $125 past due as interest; and that said defendant has neglected and refused to pay said principal so due, or any part thereof, and the balance due for interest for April 26, 1921, to April 26, 1922, in the sum of $425; that on the 22nd day of June, 1922, while the defendant was in default as hereinbefore found, the plaintiffs herein, pursuant to and in conformity with the provisions contained in said contract, elected to declare said contract due and payable forthwith on account of defendant's said defaults, and pursuant thereto, on said date, gave notice in writing of such election and declaration by mailing a copy of said notice to said defendant, who resided on the premises hereinafter described, all in manner and form as required by law.
5. That the defendant, Mrs. John J. Stuempges, in the wife of John J. Stuempges; that the defendants, G.W. Moore and G.E. Moore, individually and as co-partners, have a lien, interest or claim in, to, or upon said premises by reason of a judgement rendered in the Municipal Court of Langlade County, Wisconsin, against said defendant, John J. Stuempges, which lien is subject to the rights of the plaintiffs.
6. That the plaintiffs have at all times been ready and willing to perform their part of said contract.
7. That thereafter, and while the defendant was still in default, the plaintiffs commenced this action for the strict foreclosure of said contract, and now, at the time of the trial of said action, there is justly due and owing to the plaintiffs from said defendant upon said contract the sum of $9,000 principal, together with the sum of $650 interest.
It is further ordered and adjudged, that the above named defendants, John J. Stuempges, Mrs. John J. Stuempges, his wife, G.W. Moore and G.E. Moore, individually and as co-partners, and all persons claiming under them or either of them, subsequent to the filing of the notice of pendency of this action, be foreclosed and barred of any and all right, lien, claim, interest or equity of redemption in and to the premises described in said complaint, which premises consist of that real estate lying and being in Langlade County, State of Wisconsin, particularly described as the SW1/4 of S35, T31N R12E, with the appurtenances thereunto belonging, after the expiration of sixty days from service on each of them or their attorneys, of the notice of the entry of this judgement, unless the defendants pay or cause to be paid into court the sum of $9,665 and interest thereon at 6% per annum from the date of this judgement to the date of such payment, together with the costs and disbursements of this action, taxed at $66.25.
That upon such payment duly made within such period, the defendants, John J. Stuempges and Mrs. John J. Stuempges, will be entitled to a conveyance of said premises from the plaintiffs according to the terms of the contract, set forth in the complain.
That in default of such payment herein authorized, the title to said premises be confirmed in the plaintiffs, their heirs, administrators and assigns forever, discharged of all right, lien, claim, interest, or equity of redemption of said defendants or any or either of them, or of any person claiming by, through or under them or either of them, since the filing of the notice of pendency of this action as aforesaid; that until the said defendants shall have redeemed the said premises as herein required, the said defendants, John J. Stuempges and Mrs. John J. Stuempges, his wife, their agents, servants, tenants, and employees, do absolutely desist and refrain from committing and permitting waste upon said premises or any part thereof, either by removing or damaging buildings or fences thereon, or by cutting down and removing forest products therefrom, or by any other acts of waste or damage to the premises.
That in the event of failure to redeem the premises as aforesaid within the time aforesaid the said plaintiffs have possession as aforesaid, and that the defendants, John J. Stuempges and Mrs. John J. Stuempges, his wife, deliver and wield up possession thereof.
That the plaintiffs do have and recover of the defendant, John J. Stuempges, the sum of $65.25, the costs and disbursements of this action.
Let a copy of this judgement be recorded in the office of the Register of Deeds of Langlade County, State of Wisconsin.
Dated at Antigo, Wisconsin, November 29th, A.D. 1922.
By the Court: Arthur Goodrick, Municipal Judge.
Edward Hanke, et al,
John J. Stuempges, et al,