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MARSHALL & ILSLEY BANK v. DE WOLF

268 Wis. 244 (1954)

MARSHALL & ILSLEY BANK, Administrator, and another, Respondents, vs. DE WOLF and another, Appellants.

Supreme Court of Wisconsin.

December 7, 1954.

Attorney(s) appearing for the Case

For the appellants there was a brief by Affeldt & Lichtsinn, attorneys, and Eldred Dede of counsel, all of Milwaukee, and oral argument by Mr. Harold F. Lichtsinn and Mr. Dede.

For the respondents there was a brief by Becker, Kinnel, Doucette & Mattison of Milwaukee, and oral argument by Carl R. Becker.

BROWN, J.

Ch. 276, Stats., deals with the subject of partition actions. Sec. 276.20, Stats., directs:

"SALE IF PARTITION CANNOT BE MADE. If the court shall find that the land or any portion thereof is so situated that partition cannot be made without great prejudice to the owners, it may order the sheriff to sell the premises so situated at public auction. Such order shall direct the terms of credit which may be allowed for any of the purchase money, which...

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