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LOWE v. CHEESE MAKERS MUT. CASUALTY CO.

265 Wis. 365 (1953)

LOWE, Appellant, vs. CHEESE MAKERS MUTUAL CASUALTY COMPANY, Respondent.

Supreme Court of Wisconsin.

December 1, 1953.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Frank L. Morrow of Eau Claire.

For the respondent there was a brief by Lehner, Lehner & Behling and Adolph P. Lehner, all of Oconto Falls, and oral argument by Howard N. Lehner.

BROADFOOT, J.

The briefs that were filed with the trial court were not made a part of the record, but from the briefs and arguments in this court it is evident that the defendant, in its trial brief, raised the question of a policy defense. Under the exclusions in the policy there is a provision that the policy does not apply "while the automobile is subject to any . . . mortgage or other incumbrance not specifically declared and described in this policy."

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