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MOGILKA v. JEKA

No. 85-0912.

131 Wis.2d 459 (1986)

389 N.W.2d 359

Dr. Bernard A. MOGILKA, Plaintiff-Respondent, William JUDGE, Purchaser-Respondent, v. Ralph J. JEKA and Ruth Jean Jeka, Defendants-Appellants and Cross-Respondents, Patrick T. SHEEDY, as Personal Representative of the Estate of Nan Lowe and Bernice Degner, as Personal Representative of the Estate of Lucille Kaminski, Defendants and Cross-Appellants, UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE, Defendant and Cross-Respondent, State of WISCONSIN DEPARTMENT OF REVENUE, Girard Bank, a foreign banking corporation, Edward Monday, Lawrence A. Czaplewski, Herbert A. Genthe, City of Milwaukee, County of Milwaukee, Village of Fox Point, Towne Realty, Inc., Christine Hofmeister, and Northwestern National Co., Defendants.

Court of Appeals of Wisconsin.

Decided April 16, 1986.

Attorney(s) appearing for the Case

For the defendants-appellants and cross-respondents the cause was submitted on the briefs of Ralph J. Jeka and Ruth Jean Jeka, of Milwaukee.

For the defendants and cross-appellants Patrick T. Sheedy, personal representative of estates of Lucille Kaminski and Nan Lowe the cause was submitted on the briefs of Michael T. Sheedy, of Milwaukee.

For the defendants and cross-appellants estates of Nan Lowe and Lucille Kaminski the cause was submitted on the briefs of Michael T. Sheedy, with Techmeier, Sheedy & Associates, of counsel, of Milwaukee.

For the defendant and cross-respondent the cause was submitted on the briefs of Joseph P. Stadtmueller, United States Attorney and Elsa C. Lamelas, Assistant United States Attorney, of Milwaukee.

Before Moser, P.J., Wedemeyer and Sullivan, JJ.

WEDEMEYER, J.

This appeal and cross-appeal arise from a trial court order confirming the foreclosure sale of the homestead of Ralph J. Jeka (Ralph) and his wife, Ruth Jean Jeka (Ruth). The Jekas appeal from those parts of the order denying Ruth's claim to a homestead exemption and granting a homestead exemption to Ralph despite his waiver. The estates of Nan Lowe and Lucille Kaminsky (the Estates) cross-appeal from those...

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