Haynes v. Harriman
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county:. GeoRg-e W. Burnell, Circuit Judge. This action was commenced October 25, 1899, to set aside a deed of conveyance of lands therein described, and executed March 30, 1898, by the plaintiff to one Ida E. Harriman, since deceased, on the ground that such execution was procured by fraud and undue influence, while the plaintiff was ignorant of the nature and contents of the paper, and also to discover and adjudge…
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Appeal from a judgment of the circuit court for Winnebago county:. GeoRg-e W. Burnell, Circuit Judge. This action was commenced October 25, 1899, to set aside a deed of conveyance of lands therein described, and executed March 30, 1898, by the plaintiff to one Ida E. Harriman, since deceased, on the ground that such execution was procured by fraud and undue influence, while the plaintiff was ignorant of the nature and contents of the paper, and also to discover and adjudge to the plaintiff $400 in money alleged to belong to the plaintiff, and left in the care and the custody of said Ida, and…
1Opinion of the Court
The following opinion was filed January 13, 1903:
Cassoday, C. J.
The principal question presented is one of fact. That fact was resolved by the trial court iu favor of the defendants and against the plaintiff. The important question is whether such finding is against the clear preponderance of the evidence. To appreciate the evidence, it is necessary to consider the relations of the parties, and the circumstances prior to and attending the transaction. There are certain conceded facts which have a bearing upon the character of the transaction. The plaintiff was seventy-two years of age at the…
2Cases cited12 opinions
- Worrall's AppealSupreme Court of Pennsylvania · 1885
- Davis v. DeanWisconsin Supreme Court · 1886
- Disch v. TimmWisconsin Supreme Court · 1898
- Fox v. MartinWisconsin Supreme Court · 1899
- Linde v. GuddenWisconsin Supreme Court · 1901
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Patterson v. JensenWisconsin Supreme Court · 1944
- Hawthorne v. JenkinsSupreme Court of Alabama · 1913
- McAdams v. McAdamsOhio Supreme Court · 1909