Parish v. Reeve
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygan County. The complaint alleges that the plaintiff, a married woman, in 1872 purchased certain premises in the city of Appleton and has since occupied them as her homestead; that on October 27, 1881, there were three mortgages on said property upon which there was due and unpaid about $1,880; that her husband was then indebted to the defendant Reeve and one Hutchinson in the sum, as they claimed, of about $680, and that he was unable…
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APPEAL from the Circuit Court for Sheboygan County. The complaint alleges that the plaintiff, a married woman, in 1872 purchased certain premises in the city of Appleton and has since occupied them as her homestead; that on October 27, 1881, there were three mortgages on said property upon which there was due and unpaid about $1,880; that her husband was then indebted to the defendant Reeve and one Hutchinson in the sum, as they claimed, of about $680, and that he was unable to pay or secure said debts; that his said creditors proposed to him that he should^ induce the plaintiff to give to…
1Opinion of the CourtColts-, C. J.
This is a case in equity; and if improper evidence was admitted on the trial that would afford no ground for a reversal of the judgment, if otherwise correct. In such a case the improper evidence is disregarded by this court, so the error in admitting it becomes immaterial.
Coming to the case on the merits, the first question to be considered is as to the nature of the conveyance of October 27, 1881, from the plaintiff and her husband to the defendant Reeve. Was that deed understood by the parties to it to be an absolute conveyance of the premises for the sum of $3,000, as found by the court…
2Cases cited4 opinions
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- Loomis v. BrownNew York Supreme Court · 1853
- Musgrave v. . SherwoodNew York Court of Appeals · 1879
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- Fintel v. CookWisconsin Supreme Court · 1894
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- Kelley v. MeadSouth Dakota Supreme Court · 1904