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NATIONAL SAVINGS & LOAN ASSO. v. STEWART

No. 77-442.

85 Wis.2d 415 (1978)

270 N.W.2d 247

NATIONAL SAVINGS & LOAN ASSOCIATION, Plaintiff-Respondent, v. RUSSEL L. STEWART, a/k/a Russell Stewart, and another, Defendants-Appellants: WARJO CONSTRUCTION, INC., and others, Defendants.

Court of Appeals of Wisconsin, District II.

Decided September 1, 1978.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Vernon Erbstoeszer and Erbstoeszer, Cleary & Misey, Ltd. of Milwaukee.

For the respondent the cause was submitted on the brief of Thomas G. Duggan and Fons, Fons, Duggan, Swietlik & Lynch, S.C. of Milwaukee.

Before R. W. Hansen, Reserve Judge, Brown, J., and Bode, J.

BROWN, J.

Respondent, National Savings and Loan Association, sought foreclosure of their first mortgage against Warjo Construction, Inc. National joined other defendants for a full determination of their respective lien and judgment rights.

Russel L. Stewart and Edmund Sulkowski were second mortgagees named as defendants. They had sold the land in question to Warjo for $8,000 plus a second mortgage. They filed an...

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