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BADGER STATE AGRI-CREDIT v. LUBAHN

No. 84-369.

122 Wis.2d 718 (1985)

365 N.W.2d 616

BADGER STATE AGRI-CREDIT & REALTY, INC., a Wisconsin corporation, Plaintiff-Respondent and Cross-Appellant, v. Ronald J. LUBAHN, a/k/a Ronald Lubahn, Patricia Lubahn and Cloverbelt Cooperative Services, a Wisconsin cooperative, Defendants. Elva MARKS, Defendant and Cross-Respondent, FIRST NATIONAL BANK OF WEST BEND, a Wisconsin banking institution, Defendant, ATHENS COOPERATIVE, a Wisconsin cooperative, Defendant and Co-Appellant.

Court of Appeals of Wisconsin.

Decided January 23, 1985.

Attorney(s) appearing for the Case

For the defendant and co-appellant, there were briefs by Raymond F. Thums and Sandra J. Marcus of Krueger, Thums, Tlusty, Hittner & Kennedy, S.C., of Schofield.

For the plaintiff-respondent and cross-appellant, there were briefs by Tuchscherer, Bradley & Kurth, S.C., Steven D. Robinson and Konrad T. Tuchscherer, of Wausau. Oral argument by Konrad T. Tuchscherer.

For the defendant and cross-respondent, briefs by Stanley L. Lind, of Milwaukee. Oral argument by Samuel Murray.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

SCOTT, C.J.

Athens Cooperative (Athens) appeals from that portion of a judgment ordering that the sum of $265,516.12 is due to Badger State Agri-Credit & Realty, Inc. (Badger) and ordering that any interest or lien that Athens claims in and to certain real estate is subsequent, subordinate and junior to the lien of Badger's mortgage. Badger cross-appeals from that portion of the judgment holding that Elva Marks has a right of possession to a certain portion of...

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