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BURMEISTER v. SCHULTZ

37 Wis.2d 254 (1967)

BURMEISTER (Melvin), Executor (ESTATE OF ELSIE BURMEISTER), Plaintiff and Appellant, v. SCHULTZ and wife, Defendants and Respondents: BURMEISTER and others, Impleaded Defendants and Respondents.

Supreme Court of Wisconsin.

December 22, 1967.

Attorney(s) appearing for the Case

For the appellant there was a brief by Benson, Butchart & Haley of Racine, and oral argument by Donald A. Butchart.

For the respondents there was a brief by Vaudreuil & Vaudreuil of Kenosha, and oral argument by Leo E. Vaudreuil.

HANLEY, J.

The primary issue presented on the instant appeal is whether the agreement executed by the parties released the obligations created by the note and mortgage.

The trial court construed the agreement to release the note and mortgage because in its opinion ". . . a mortgage is such an interest in property that it must be recorded in the same manner that a conveyance is recorded. It does give a certain type of real property right. . . . A mortgage such...

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