IFC COLLATERAL CORP. v. COMMERCIAL UNITS, INC.

No. 84.

51 Wis.2d 41 (1971)

186 N.W.2d 214

IFC COLLATERAL CORPORATION, Appellant, v. COMMERCIAL UNITS, INC., and others, Respondents: LAYTON PARK BUILDING & LOAN ASSOCIATION and others, Defendants: MANLO BUILDING CORPORATION, Third-Party Defendant and Respondent.

Supreme Court of Wisconsin.

Decided May 4, 1971.


Attorney(s) appearing for the Case

For the appellant there were briefs by Redford, Dill & Zillmer, attorneys, and Ward Dunphy of counsel, all of Milwaukee, and oral argument by Mr. Dunphy.

For the respondents there was a brief by Charne, Glassner, Tehan, Clancy & Taitelman, and oral argument by Ronald S. Jacobs, all of Milwaukee.


HANLEY, J.

The issues raised by appellant on this appeal are:

(1) Can the doctrine of relation back be applied to cut off interests acquired by strangers in the interim;

(2) Did IFC fail to use due diligence in its search for title; and

(3) Is the possibility that IFC may have a suit against the title company a proper factor for the trial court to consider?

Application of doctrine of relation back.

The appellant contends...

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