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SECURITY NAT. BANK v. COHEN

No. 174.

41 Wis.2d 710 (1969)

165 N.W.2d 140

SECURITY NATIONAL BANK, Respondent, v. COHEN, Appellant: CLINTONVILLE SAVINGS & LOAN ASSOCIATION, Defendant.

Supreme Court of Wisconsin.

Decided March 4, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief by Glassner, Clancy & Glassner of Milwaukee, attorneys, and Richard E. Johnson of Waupaca of counsel, and oral argument by William E. Glassner, Jr., and Albert Solochek, both of Milwaukee.

For the respondent there was a brief and oral argument by Karl J. Goethel of Durand.

WILKIE, J.

Three interrelated issues are presented on this appeal:

1. Did plaintiff-respondent prove the underlying obligation for which the mortgage was security?

2. Was the mortgage executory in that it was conditioned upon the return of the hypothecated life insurance policies?

3. In the absence of a showing of fraud, is the defendant entitled to defend the foreclosure of the mortgage, under seal...

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