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GOHR v. BERANEK

266 Wis. 605 (1954)

GOHR (Ernst), Appellant, vs. BERANEK and others, Defendants: GOHR (Carl), Respondent.

Supreme Court of Wisconsin.

May 4, 1954.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by S. P. Rigler of Rice Lake.

For the respondent there was a brief by Francis R. Parks of Rice Lake, attorney, and Terence N. Hickey of Hayward of counsel, and oral argument by Mr. Parks.

MARTIN, J.

Appellant raises several questions on this appeal. If we find, however, that the trial court correctly held the issue to be res judicata, the other questions will be immaterial.

It is argued that this action is not the same as Beranek v. Gohr, supra, because the prior action was to quiet title whereas this involves the foreclosure of a mortgage. We have consulted the cases and briefs in

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