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ELSE v. CANNON

265 Wis. 510 (1953)

ELSE, Appellant, vs. CANNON and others, Respondents.

Supreme Court of Wisconsin.

December 30, 1953.

Attorney(s) appearing for the Case

For the appellant there was a brief by Brendemuehl & Brendemuehl of Oconomowoc, and oral argument by Alvin G. Brendemuehl.

For the respondents there was a brief by George A. Hartman, Robert G. Hartman, and Leo C. Hartman, all of Juneau, and oral argument by Leo C. Hartman.

GEHL, J.

Plaintiff contends that when the purchasers surrendered their equitable interest in the real estate to the vendors, the holders of the legal title, a merger resulted, and that in this action to foreclose his lien he may reach both interests and require their sale for satisfaction of his claim.

The question presented is dealt with in two prior decisions of this court. Milwaukee Loan & Finance Co. v. Grundt, 207 Wis. 506, 242 N. W. 131, and...

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