Estate of Riese Ex Rel. Commercial & Savings Bank of Monroe v. Weber

Vickie Weber appeals from an order directing disbursement of surplus funds from a foreclosure sale to lien claimant Schlittler Construction Company. The issue is whether Schlittler's construction lien has priority over a previously docketed judgment in favor of Vickie Weber by virtue of secs. 779.01(3) and (4), Stats. Because we conclude it does, we affirm.

FACTS

Paul Weber purchased a vacant lot on land contract from Robert Riese in mid-1982. He began building a home on the lot, doing much of the work himself. On July 12, 1982, he contracted with Schlittler to do soil testing and deliver fill.…