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RECKNER v. RECKNER

No. 80-2348.

105 Wis.2d 425 (1981)

314 N.W.2d 159

Helen Wurl RECKNER, Plaintiff-Respondent, v. Leroy RECKNER, a/k/a Hardy Reckner, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 17, 1981.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of William E. Kaplan of Wausau.

For the respondent the cause was submitted on the brief of Trembath, Hess, Miller & Seidl, S.C., of Wausau.

Before Dean, Cane and Dykman, JJ.

DEAN, J.

In an action for partition, LeRoy Reckner appeals from an order directing judicial sale of property.1 The appeal raises two issues:

1. Is LeRoy Reckner entitled to a homestead exemption in a partition action under ch. 842, Stats., involving real estate titled to non-spousal joint tenants?

2. Did LeRoy Reckner waive his right to any exemption by failing to assert it before the judgment of partition, before attempts...

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