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MARSHALL-WIS. v. JUNEAU SQUARE

Nos. 83-0491, 83-1632, 85-0830.

139 Wis.2d 112 (1987)

406 N.W.2d 764

MARSHALL-WISCONSIN COMPANY, INC., a Wisconsin corporation, Plaintiff-Respondent, v. JUNEAU SQUARE CORPORATION, a Wisconsin corporation; Gertrude Berggren, a limited partner of Marshall-East, a limited partnership; Marshall-East, Inc., a Wisconsin corporation; Harold C. Smith, III, as Executor of the Estate of Harold C. Smith, Jr., and the Estate of Mildred B. Smith, Defendants-Appellants-Petitioners, William T. COLLINGS; John J. Deutsch; Donald E. Stevens; Eugene N. Grotenhuis; W. George Bowring; Reinke & Schomann, Inc., a Wisconsin corporation; McDonald, Inc., a Wisconsin corporation; City of Milwaukee, a municipal corporation; Marshall-Michigan Co., Inc.; and unknown Heirs or Devisees of Charles Cochrane, Edward Cochrane, and John A. Cochrane, Defendants. MARSHALL-WISCONSIN COMPANY, INC., a Wisconsin corporation, Plaintiff-Respondent, v. JUNEAU SQUARE CORPORATION, a Wisconsin corporation; Tennie M. Conway, an individual; Harold C. Smith, III, individually and as Executor of the Estate of Harold C. Smith, Jr. and the Estate of Mildred B. Smith, Defendants-Appellants-Petitioners, William T. COLLINGS; John J. Deutsch; Donald E. Stevens; Eugene N. Grotenhuis; W. George Bowring; Reinke & Schomann, Inc., a Wisconsin corporation; McDonald, Inc., a Wisconsin corporation; City of Milwaukee, a municipal corporation; and Marshall-Michigan Co., Inc., Defendants. MARSHALL-WISCONSIN COMPANY, INC., a Wisconsin corporation, Plaintiff-Respondent, v. JUNEAU SQUARE CORPORATION, a Wisconsin corporation, Gertrude H. Berggren; Estate of Harold C. Smith, Jr., and Estate of Mildred B. Smith, Defendants-Appellants-Petitioners, William T. COLLINGS; John H. Deutsch; Donald E. Stevens; Eugene N. Grotenhuis; W. George Bowring; Reinke & Schomann, Inc., a Wisconsin corporation, and Marshall-East, Inc., a Wisconsin corporation, Defendants.

Supreme Court of Wisconsin.

Decided June 11, 1987.

Attorney(s) appearing for the Case

For the defendants-appellants-petitioners there were briefs by George P. Kersten, Ann L. Muchin and Kersten & McKinnon, Milwaukee and oral argument by George P. Kersten.

For the plaintiff-respondent there was a brief by James O. Huber, Mark F. Foley, Nancy J. Kopp and Foley & Lardner, Milwaukee and oral argument by James O. Huber and Mark F. Foley.

LOUIS J. CECI, J.

This is a review of a decision of the court of appeals1 which affirmed in part and reversed in part three judgments of foreclosure by the circuit courts of Milwaukee county, Circuit Judges Marvin C. Holz, Hugh R. O'Connell, and Harold B. Jackson, Jr., upon the mortgagees of three separate parcels of property. The three foreclosure judgments were consolidated on appeal to the...

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