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BARABOO NAT. BANK v. STATE

No. 95-0251.

199 Wis.2d 153 (1996)

544 N.W.2d 909

The BARABOO NATIONAL BANK, Plaintiff-Appellant, v. STATE of Wisconsin, Defendant-Respondent, Allen C. Maatta, Joan M. Maatta, Alte Resorts, Inc., Berniece Meyers, Kraemer Broadcasting, Inc., Quick Service Laundry, Inc., Emmons-Napp Office Products, Inc., Band Box Cleaners and Laundry, Inc., Reinhart Institutional Foods, Inc., AVCO Financial Services of Wisconsin, Inc., Joseph E. Cohen, as trustee of the bankruptcy estate of Allen C. Maatta and Joan M. Maatta, Defendants.

Court of Appeals of Wisconsin.

Decided January 4, 1996.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Jerome P. Mercer of Cross, Jenks, Mercer and Maffei of Baraboo.

For the defendant-respondent the cause was submitted on the brief of James E. Doyle, attorney general, and Robert W. Larsen, assistant attorney general.

Before Eich, C.J., Dykman and Sundby, JJ.

DYKMAN, J.

The Baraboo National Bank appeals from an order of foreclosure in which the trial court concluded that the State's interest in the mineral rights in property the State conveyed in 1922 was not subject to foreclosure because the State retained its interest by operation of law under § 24.11(3), STATS., 1921. Baraboo executed a mortgage on that property in 1982 and foreclosed on it in 1994. Baraboo presents three arguments supporting its assertion that...

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