Sweet v. Mitchell
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The complaint in this action alleged in substance the following facts: On the 2d of February, 1850, the plaintiff was indebted to the defendant Mitchell (then and since a banker in Milwaukee), in the sum of about $14,000. The plaintiff was at that time seized of a tract of land, (particularly described), in the town of Lake in the county of Milwaukee, and of lots 1 to 12, inclusive, in block 29 in the fifth ward of the city of…
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APPEAL from the Circuit Court for Dane County. The complaint in this action alleged in substance the following facts: On the 2d of February, 1850, the plaintiff was indebted to the defendant Mitchell (then and since a banker in Milwaukee), in the sum of about $14,000. The plaintiff was at that time seized of a tract of land, (particularly described), in the town of Lake in the county of Milwaukee, and of lots 1 to 12, inclusive, in block 29 in the fifth ward of the city of Milwaukee. The tract of land situate in the town of Lake,. and thirteen undivided sixteenths of another tract of land…
1Opinion of the Court
By the Court,
PAINE, J.
In the ease of Rasdall’s admr’s vs. Rasdall, 9 Wis., 879, we decided that in the absence of fraud, accident or mistake in the execution of the papers, parol evidence could not be admitted to show an express trust reserved in land conveyed by an absolute deed. At the same time the correctness of the rule admitting such evidence to show an absolute deed a mortgage, was questioned upon principle. But afterwards, in the case of Plato vs. Roe, 14 Wis., 453, we held that the latter rule had been so long and so frequently asserted that it ought not now to be changed by the…
2Cases cited1 opinion
- Plato v. RoeWisconsin Supreme Court · 1861
3Cited by19 opinions
- Gottlieb v. City of MilwaukeeWisconsin Supreme Court · 1967
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Herbst v. LoweWisconsin Supreme Court · 1886
- Beatty v. BrummettIndiana Supreme Court · 1884
- Carmichael v. ArgardWisconsin Supreme Court · 1881
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