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PRODUCTION CREDIT ASS'N v. KEHL

No. 87-1355.

148 Wis.2d 225 (1988)

434 N.W.2d 816

PRODUCTION CREDIT ASSOCIATION OF MADISON, Plaintiff-Respondent, v. Sylva KEHL, individually and as personal representative of the Estate of Clarence Kehl, Deceased, Defendant-Appellant, Donald E. KEHL, a/k/a Donald Kehl, and the State of Wisconsin, Department of Revenue, Defendants.

Court of Appeals of Wisconsin.

Decided December 8, 1988.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of William J. Rameker and Christopher J. Brown and Murphy & Desmond, S.C., of Madison.

For the plaintiff-respondent the cause was submitted on the brief of Francis J. Eustice and Shari L. LePage and Brill & Eustice, S.C. of Sun Prairie.

Before Gartzke, P.J., Eich, and Sundby, JJ.

EICH, J.

Sylva Kehl, individually and as personal representative of the estate of Clarence Kehl, appeals from a judgment foreclosing a real estate mortgage on a farm owned by the estate. The dispositive issue is whether foreclosure will lie where the underlying mortgage was obtained pursuant to a power of attorney executed by an incompetent person. We answer the question in the negative and reverse the judgment.

The facts are not in dispute. Sylva Kehl and...

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