FIRST NAT. BANK v. CHARLES HENNEMAN CO.


10 Wis.2d 260 (1960)

FIRST NATIONAL BANK OF CHIPPEWA FALLS, Plaintiff and Respondent, v. CHARLES HENNEMAN COMPANY, Defendant: JOHNSON and wife, Defendants and Respondents: UNITED STATES OF AMERICA, Defendant and Respondent: CHIPPEWA COUNTY, Defendant and Appellant.

Supreme Court of Wisconsin.

May 3, 1960.


Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Eugene R. Jackson, district attorney, and John Frampton of Chippewa Falls, special counsel.

For the respondent First National Bank of Chippewa Falls there were briefs and oral argument by Ingolf E. Rasmus and James B. Halferty, both of Chippewa Falls.

For the respondents Johnson there were briefs and oral argument by Marshall A. Wiley of Chippewa Falls.

For the respondent United States of America there was a brief by Charles K. Rice, assistant attorney general, and Lee A. Jackson, A. F. Prescott, and Joseph Kovner of the department of justice, all of Washington, D. C., attorneys, and George E. Rapp, United States attorney, and Robert J. Kay, assistant United States attorney, both of Madison, of counsel, and oral argument by Mr. Kay.

A brief was filed by John F. Kitzke, assistant city attorney of the city of Milwaukee, and Robert D. Sundby, legal counsel for the League of Wisconsin Municipalities, as amici curiae.


DIETERICH, J.

The Charles Henneman Company executed and delivered to the First National Bank of Chippewa Falls on January 6, 1948, its promissory note in the amount of $35,000 secured by a first mortgage on lots 4, 5, and 6, block 9, Allen's Addition to the city of Chippewa Falls. The mortgage was recorded in the office of the register of deeds for Chippewa county on January 9, 1948.

On February 9, 1948, the Charles...

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