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J. & S. CORP. v. MORTGAGE ASSOCIATES, INC.

No. 109.

41 Wis.2d 418 (1969)

164 N.W.2d 221

J. & S. CORPORATION, Appellant, v. MORTGAGE ASSOCIATES, INC., Respondent: CHURCH OF CHRIST MANORS, INC., Defendant.

Supreme Court of Wisconsin.

Decided February 4, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief by Snyder, Fisher, Lee & Lilly of Milwaukee, and oral argument by Edward H. Snyder.

For the respondent there was a brief by Peregrine, Schimenz, Marcuvitz & Cameron and Hugh R. Braun, all of Milwaukee, and oral argument by Mr. Braun.

HEFFERNAN, J.

The question on appeal is whether one who acquires an interest in land by a conveyance prior to the filing of a lis pendens is nonetheless bound by the proceedings in an action affecting title to the real estate, unless the instrument of conveyance is of record prior to the filing of the lis pendens.

We deem sec. 281.03 (1), Stats., dispositive of this issue. That statute provides:

"281.03 Lis pendens; who may file...

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