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STATE DEPARTMENT OF PUBLIC WELFARE v. LEMERE

19 Wis.2d 412 (1963)

STATE DEPARTMENT OF PUBLIC WELFARE, Appellant, v. LEMERE and others, Respondents.

Supreme Court of Wisconsin.

April 2, 1963.

Attorney(s) appearing for the Case

For the appellant there was a brief by Charles C. Lubcke, collection and deportation counsel, and Clarence J. Simon and James R. Pleyte, assistant counsel, and oral argument by Mr. Lubcke.

For the respondents there were briefs by Davis, Soviet, Cherney & Ross of Green Bay, and oral argument by Colburn G. Cherney.

FAIRCHILD, J.

The department does not proceed upon the theory that it is a third-party beneficiary of the support agreement.2

The department contends that as an unpaid creditor of Mrs. LeMere it may, under secs. 312.16 and 312.17, Stats., reach the property conveyed to Gerald because he has failed to perform his agreement with her.

Gerald LeMere contends that because of the special type of claim asserted by the department...

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