MITCHELL BANK v. SCHANKE

Nos. 01-1590, 01-1591.

268 Wis.2d 571 (2004)

2004 WI 13

676 N.W.2d 849

MITCHELL BANK, Plaintiff-Appellant-Petitioner, v. Thomas G. SCHANKE, Alfred G. Waltke, Marilyn M. Waltke, State of Wisconsin Department of Revenue and Internal Revenue Service, Defendants-Respondents, UNITED STATES, Defendant. Thomas G. SCHANKE, Plaintiff-Respondent, v. MITCHELL STREET STATE BANK, n/k/a Mitchell Bank, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided February 27, 2004.


Attorney(s) appearing for the Case

For Mitchell Bank there were briefs by Hugh R. Braun, Jeffrey L. Janik and Godfrey, Braun & Frazier, LLP, Milwaukee, and oral argument by Hugh R. Braun.

For Thomas G. Schanke there were briefs by Joseph J. Welcenbach, Robert J. Welcenbach and Welcenbach & Widmann, S.C, Milwaukee, and oral argument by Joseph J. Welcenbach.

There were amicus curiae briefs filed by John E. Knight, James E. Bartzen, Kristen E. Spira and Boardman, Suhr, Curry & Field, LLP, Madison, on behalf of the Wisconsin Bankers Association, and oral argument by John E. Knight.


¶ 1. JON P. WILCOX, J.

This case involves two consolidated actions: a foreclosure action and a declaratory judgment action. The parties dispute the validity of a mortgage Mitchell State Street Bank, now known as Mitchell Bank (the Bank), has on certain lands in Genesee, Wisconsin, of which Thomas Schanke (Schanke) owns an undivided one-half interest. Schanke purchased his...

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