Ford v. Ford
Ford v. Ford
Opinion of the Court
The sole issue on this appeal is whether plaintiff wife was required to accept defendant’s tender of the 170 shares of stock in satisfaction of the balance of $44,250 owing to her under the judgment.
The judgment provided that the 170 shares of stock were to serve as additional security for defendant’s payment of the $56,000 to plaintiff. The general rule is that a creditor need not resort to the security, provided by the debtor for payment of his debt, before bringing action upon the debt. Bank of Sheboygan v. Fessler (1935), 218 Wis. 244, 246, 260 N. W. 441; Herro v. Heating & Plumbing Finance Corp. (1931), 206 Wis. 256, 261, 239 N. W. 413.
Even if defendant’s motion were to be construed as one to amend or modify the division of estate, the circuit court would have been without jurisdiction to act in the matter, because such motion was not timely made. Anderson v. Anderson (1959), 8 Wis. (2d) 133, 98 N. W. (2d) 434.
By the Court. — Order affirmed.
Reference
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