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KIENBAUM v. HABERNY

273 Wis. 413 (1956)

KIENBAUM, Plaintiff, vs. HABERNY (Edward C.) and others, Defendants: HABERNY (Agnes) and another, Defendants and Appellants: THORNTON FINANCE CORPORATION, Defendant and Respondent.

Supreme Court of Wisconsin.

October 9, 1956.

Attorney(s) appearing for the Case

For the appellant Agnes Haberny there were briefs and oral argument by Clark Dempsey of Whitewater.

For the appellant Home Lumber & Fuel Company there were briefs and oral argument by John J. Byrnes of Elkhorn.

For the respondent there was a brief by Morrissy, Morrissy & Zastrow of Elkhorn, and oral argument by E. C. Zastrow.

STEINLE, J.

The complaint in the mortgage-foreclosure action commenced by the plaintiff, Carl Kienbaum, in March, 1954, alleged default in payment of the obligation of the defendants Edward C. Haberny and Mary Haberny, his wife, under a first mortgage executed to the plaintiff on December 17, 1951, conditioned for the payment of $18,000 as evidenced by a note in said sum.

The complaint also alleged that the defendant, Agnes Haberny, is the owner and holder...

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