BARNARD v. COATES


28 Wis.2d 1 (1965)

BARNARD, Receiver, Plaintiff and Respondent, v. COATES (LUCILLE) and others, Defendants: COATES (LLOYD), Defendant and Appellant: FOWLER, Intervenor and Appellant: DAWSON, Intervenor and Respondent.

Supreme Court of Wisconsin.

June 25, 1965.


Attorney(s) appearing for the Case

For the appellants there were briefs and oral argument by Delbert E. Fowler of Milwaukee.

For the respondent Joseph Dawson there was a brief and oral argument by John H. Schleifer of Benton.

Gilbert F. Barnard, Receiver, of Darlington, also argued.


CURRIE, C. J.

These issues are raised on appeal:

(1) Should the appeal be dismissed with respect to plaintiff receiver?

(2) Has respondent Dawson waived the right to object to the timeliness of the appeal?

(3) Does either the mistake in legal description in the order for sale and in the notices of sale, or the $2,500 increase in bid made by appellant Fowler, or both, warrant this court in granting relief to appellants?

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