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STARK v. GIGANTE

14 Wis.2d 13 (1961)

STARK and wife, Plaintiffs and Respondents, v. GIGANTE (Joseph L.), Defendant and Appellant: GIGANTE (Jean), Interpleaded Defendant and Respondent.

Supreme Court of Wisconsin.

June 6, 1961.

Attorney(s) appearing for the Case

For the appellant there were briefs by Marth & Marth of West Bend, and oral argument by William J. Marth.

For the respondents Stark there was a brief by Frank, Karl & Hiller, attorneys, and Daniel J. Weiss of counsel, all of Milwaukee, and oral argument by Herbert M. Hiller.

For the respondent Jean Gigante there was a brief by Habush, Gillick, Frinzi & Habush, attorneys, and Robert L. Habush of counsel, all of Milwaukee, and oral argument by Robert L. Habush.

MARTIN, C. J.

It is agreed by the parties that plaintiffs may have judgment of foreclosure unless the defense of fraud and duress in procuring delivery of the note and mortgage to Jean Gigante is sustained by the court.

Appellant contends Jean was guilty of fraud and false swearing, placing great emphasis on the falsity of her statements under oath and in her answer and counterclaim in the annulment suit. As the trial court pointed out, it was obvious that...

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