Legal Opinion
Horicon State Bank v. Kant Lumber Co., Inc.
Court of Appeals of Wisconsin
Decided November 7, 1991No. 90-1949PublishedCited by 7 opinions
1Opinion of the CourtGartzke, P.J.
Horicon State Bank appeals from a $48,896.66 deficiency judgment against one of its mortgagors, Kant Lumber Company, Inc., and the mortgage note guarantors, Thomas and Sharon Kant. The bank bought the mortgaged property at a sheriffs sale. The bank contends that the trial court should have vacated the sale. The property is contaminated with petroleum, and the clean-up costs may exceed the property's value.
The bank argues (1) it and the defendants were mutually mistaken regarding the condition of the property, (2) the sale should be set aside even if only the bank was mistaken, (3) the bank is…
2Cases cited9 opinions
- Frame v. FrameWest Virginia Supreme Court · 1889
- Bump v. DahlWisconsin Supreme Court · 1965
- Family Savings & Loan Ass'n v. Barkwood Landscaping Co.Wisconsin Supreme Court · 1980
- Pippin v. RichardsWisconsin Supreme Court · 1911
- Woelfel v. TYNG, TRUSTEESCourt of Appeals of Maryland · 1960
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State Bank v. Miller (In Re Miller)Bankruptcy Appellate Panel of the Sixth Circuit · 2011
- State Bank of Florence v. Miller (In Re Miller)Court of Appeals for the Sixth Circuit · 2013
- In Re MillerUnited States Bankruptcy Court, W.D. Michigan · 2011
- In re ThulisUnited States Bankruptcy Court, W.D. Wisconsin · 2012
- In Re: Richard Miller V.Bankruptcy Appellate Panel of the Sixth Circuit · 2011
2 more not listed; retrieve them via the Exa API.