Felch v. Lee
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. This was an action by Felch to restrain the sale of his land under an execution issued upon a judgment recovered by one Chaffee against Felch and the defendant Bichard Lee, of which the other defendant, Thomas Lee, claimed tobe the owner by assignment.
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APPEAL from the Circuit Court for Kenosha County. This was an action by Felch to restrain the sale of his land under an execution issued upon a judgment recovered by one Chaffee against Felch and the defendant Bichard Lee, of which the other defendant, Thomas Lee, claimed tobe the owner by assignment. The pleadings in the case showed that June, 1857, Bichard Lee bought of Félch a piece of land, and took his bond for a deed of it on the payment of $1700 in four equal annual instalments : that as security for the first instalment of $425, said Bichard gaye Félch a judgment note, due November 1,…
1Opinion of the Court
By the Court,
Cole, J.
We have frequently decided that in equity cases, tbe finding of facts by tbe court below was not conclusive, but that we would look into tbe testimony and determine what facts were established by it. This must beso, since tbe constitution gives this court appellate jurisdiction of cases at law and equity, and by tbe well established rules of practice, tbe appellate court reviews tbe evidence in equity causes in tbe same manner as tbe court of original jurisdiction. In common law cases tbe rule is otherwise. And therefore the position of tbe counsel for tbe respondent is…
2Cited by8 opinions
- Stein v. BenedictWisconsin Supreme Court · 1892
- Sanford v. McCreedyWisconsin Supreme Court · 1871
- Lundberg v. DavidsonSupreme Court of Minnesota · 1898
- Johnson v. HuberWisconsin Supreme Court · 1900
- Mead v. Supervisors of Chippewa CountyWisconsin Supreme Court · 1876
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