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M&I WESTERN STATE BANK v. WILSON

No. 92-0692.

172 Wis.2d 357 (1992)

493 N.W.2d 387

M & I WESTERN STATE BANK, Plaintiff-Respondent, v. Marilyn A. WILSON, Defendant, Darin TRELEVEN, d/b/a Third Party Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 11, 1992.

Attorney(s) appearing for the Case

On behalf of the third party defendant-appellant the cause was submitted on the briefs of Patrick G. Seubert of Patrict G. Seubert & Associates of Neenah.

On behalf of the plaintiff-respondent the cause was submitted on the brief of Douglas K. Marone of Steinhilber, Swanson, Mares, Curtis, Marone & Wolk of Oshkosh.

Before Nettesheim, P.J., Anderson and Snyder, JJ.

ANDERSON, J.

Darin Treleven appeals from a judgment of the trial court which awarded possession of a truck owned by Marilyn A. Wilson to the M&I Western State Bank (bank). Because the earlier release of the truck was a conditional release and the bank had notice of Treleven's lien through his possession of the truck, we reverse.

The bank holds a security interest in a 1978 Peterbilt truck owned by Wilson. Treleven...

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