Legal Opinion

Menz v. Beebe

Wisconsin Supreme Court

Decided March 14, 1899PublishedCited by 6 opinions

Appeal from a judgment of the circuit court for Dane county: R. G-. SiebecKer, Circuit Judge. This action was brought to rescind an exchange of real estate made between plaintiff and defendant Beebe, on the ground of fraud, and for appropriate relief restoring plaintiff to his former situation. Defendant Bolm was made defendant as a purchaser from Beebe, with notice of the fraud complained of.

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Appeal from a judgment of the circuit court for Dane county: R. G-. SiebecKer, Circuit Judge. This action was brought to rescind an exchange of real estate made between plaintiff and defendant Beebe, on the ground of fraud, and for appropriate relief restoring plaintiff to his former situation. Defendant Bolm was made defendant as a purchaser from Beebe, with notice of the fraud complained of. He answered denying bad faith on his part .and claiming to be a bona fide purchaser. Beebe answered, and the issues of fact raised by the pleadings were decided by the court substantially as follows:…

1Opinion of the Court

The following opinion was filed December 16, 1898:

Marshall, J.

There is no question of law presented for consideration in this case. No claim is made but that the *346findings of fact support the conclusions of law, and, in the main, that the conclusions of law support the judgment, the only contention as regards the last proposition being that some errors were made in the accounting between appellant and plaintiff, and that costs should not have been awarded to Bohn against appellant. From this statement of the situation it will be seen that the burden of appellant’s argument is to show that the…

2Cases cited9 opinions

  1. Cole v. GetzingerWisconsin Supreme Court · 1897
  2. Board of Supervisors v. HackettWisconsin Supreme Court · 1867
  3. Porter v. BeattieWisconsin Supreme Court · 1894
  4. Stanhilber v. GravesWisconsin Supreme Court · 1897
  5. Momsen v. PlankintonWisconsin Supreme Court · 1897

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Campbell v. SutliffWisconsin Supreme Court · 1927
  2. Franke v. MannWisconsin Supreme Court · 1900
  3. Andresen v. Upham Manufacturing Co.Wisconsin Supreme Court · 1904
  4. Clancy v. GebWisconsin Supreme Court · 1905
  5. Hill v. American Surety Co.Wisconsin Supreme Court · 1900

1 more not listed; retrieve them via the Exa API.

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