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NORTHERN STATE BANK v. TOAL

No. 395.

69 Wis.2d 50 (1975)

230 N.W.2d 153

NORTHERN STATE BANK, Respondent, v. TOAL, Personal Representative, and others, Defendants: FIRST NATIONAL BANK OF APPLETON, Appellant.

Supreme Court of Wisconsin.

Decided June 16, 1975.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Fulton, Menn & Nehs Ltd., attorneys, and Peter S. Nelson of counsel, all of Appleton.

For the respondent the cause was submitted on the brief of Sigman, Sigman, Shiff & Janssen of Appleton.

Submitted under sec. (Rule) 251.54 March 6, 1975.

DAY, J.

This is an appeal from a judgment of foreclosure made and entered on July 11, 1973. The principal question raised on this appeal is, does a purchase money mortgage on real estate take precedence over judgments entered against the mortgagor prior to the acquisition of the real estate covered by the purchase money mortgage? We hold that such purchase money mortgage has priority over such prior judgments...

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