Cawley v. Kelley
Wisconsin Supreme Court
APPEAL from the Circuit Court for Racine County. The case is thus stated by Mr. Justice Cassoday: “This action was commenced November 18, 1881, to foreclose a note and mortgage for $1,800, upon a lot in the city of Racine, alleged to have been’ executed by the defendant Mary Kelley, then Mary O’Hara, April 13, 1869, which, by their terms, were due and payable one year after that date, with interest at ten per cent.
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APPEAL from the Circuit Court for Racine County. The case is thus stated by Mr. Justice Cassoday: “This action was commenced November 18, 1881, to foreclose a note and mortgage for $1,800, upon a lot in the city of Racine, alleged to have been’ executed by the defendant Mary Kelley, then Mary O’Hara, April 13, 1869, which, by their terms, were due and payable one year after that date, with interest at ten per cent. The defenses to the foreclosure were that they were signed by Mary without knowing their character or that the lot had been deeded to her, and without any consideration, and that…
1Opinion of the CourtCassoday, J.
The numerous contradictions in the plaintiff’s testimony seem to indicate that at the time of the trial he was pretty old and his memory badly impaired. These things being so, it would be improper to rely upon it when in conflict with other evidence. Prior to Mary's departure for Chicago, he had for more than a quarter of a century stood in loco parentis to her. Received into his household at such an early period, it may well be presumed that his affection for her became tender and genuine. This is manifest by his executing the deed of the lot in her favor when she was about nineteen years ■…
2Cited by8 opinions
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- Doyon & Rayne Lumber Co. v. NicholsWisconsin Supreme Court · 1928
- Boysun v. BoysunMontana Supreme Court · 1962
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