105 Wis. 534 | Wis. | 1900
The facts as above stated are not antagonized by any clear preponderance of the evidence. In acting thereon the circuit court was justified in exercising a very broad discretion, and, unless that discretion is clearly abused to the hurt of appellants, it will not be interfered with oa appeal. Homestead L. Co. v. Joseph Schlitz B. Co. 94 Wis.
In this case it was made apparent that the interveners-had bid more than the property was worth upon a fair and honest mistake. The court was convinced that they would not have made such bid had they understood the situation; and while, of course, they should be held responsible for any injury which resulted to others by reason of their mistaken conduct, it would have been inequitable to have conferred rights of substantial profit upon the plaintiffs before the sale had become fully completed. The terms imposed protected
Much the same considerations apply to the order establishing a lien in favor of the sheriff for the taxes paid by him in misapprehension of the direction of the judgment. While, probably, the showing would not have been sufficient, in a suit by him for tha't purpose, to have entitled him to subro-gation for the taxes so paid, yet no injury or prejudice results to the plaintiffs from the transaction. The land is under no greater burden, prior to the plaintiffs’ mortgage, than it was before; indeed, the burden is, in a measure, lightened as the interest is reduced from the statutory fifteen per cent, to six per cent. We are satisfied no injury has thereby been done the plaintiffs of which they have a right to complain, or which should justify a reversal of the order.
Some complaint is made for that the judge, while the matter was pending, made a personal inspection of the mortgaged premises, which he certifies materially aided him in reaching his decision. We fail to discover any prejudicial error in this circumstance. Even if, as independent information upon the subject of value, it was improper to be considered, such inspection may greatly aid the judge in -understanding and weighing the evidence before him in the form of affidavits attempting to describe methods of division of the premises, and the adaptability and value of the buildings upon such subdivision. This purpose is recognized as
By the Court.— The order appealed from is affirmed.