Legal Opinion

McFarlane v. Louden

Wisconsin Supreme Court

Decided May 24, 1898PublishedCited by 7 opinions

Appeal from a judgment of the circuit court for Douglas county: A. J. YiNje, Circuit Judge. On July 21, 1892, the defendant Maud McKenzie was indebted to the Security Bank of Duluth in the sum of $i,894.85, and on that day she executed and delivered to one Paine, manager of the bank, a deed of the S. E. ¿ of the S. W. £, section 12, township 48, range 15, as security for said sum, and for any indebtedness she might incur thereafter.

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Appeal from a judgment of the circuit court for Douglas county: A. J. YiNje, Circuit Judge. On July 21, 1892, the defendant Maud McKenzie was indebted to the Security Bank of Duluth in the sum of $i,894.85, and on that day she executed and delivered to one Paine, manager of the bank, a deed of the S. E. ¿ of the S. W. £, section 12, township 48, range 15, as security for said sum, and for any indebtedness she might incur thereafter. This deed was recorded December 6, 1895. Paine deeded to the bank December 13,1895. The notes evidencing this indebtedness were renewed from, time to time, and…

1Opinion of the CourtBaedeeN, J.

Unless we can say that the findings of fact of the circuit court should be disturbed, its conclusions of law must be sustained. It is insisted by the defendants that the court should have found that the deed of February 5 was executed subsequent to the date of their attachments. This contention is based upon the most vague and unsatisfactory inferences. In order to warrant this court in setting aside the findings of the court below on questions of fact, the evidence should be such, at least, as to enable us to see with some degree of clearness that the finding is wrong. Magee v. Miss. River…

2Cases cited7 opinions

  1. Hoile v. BaileyWisconsin Supreme Court · 1883
  2. Pringle v. DunnWisconsin Supreme Court · 1875
  3. Phelan v. FitzpatrickWisconsin Supreme Court · 1893
  4. Fuller v. GriffithSupreme Court of Iowa · 1894
  5. Catura v. KleinerWisconsin Supreme Court · 1897

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

3Cited by7 opinions

  1. Nelson v. BrownSupreme Court of Alabama · 1910
  2. Kinnie v. KinnieWisconsin Supreme Court · 1924
  3. McCormick Harvester Machine Co. v. CaldwellNorth Dakota Supreme Court · 1906
  4. Berge v. Value Enterprises, Ltd. (In re Berge)District Court, W.D. Wisconsin · 1984
  5. Bullock v. Power-Heafey Coal Co.Nebraska Supreme Court · 1915

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

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