Spear v. Evans
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygan County. Action to have a certain deed or patent of land, which had been issued to the plaintiff, declared to be a mortgage, and to obtain a foreclosure and a sale of the land to make the amount of the mortgage debt remaining unpaid, which is alleged to exceed $1,500. The alleged debt consisted of moneys advanced to Levi M.’ Evans; the widow and children of said Evans, and the administrator of his estate were made defendants; and…
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APPEAL from the Circuit Court for Sheboygan County. Action to have a certain deed or patent of land, which had been issued to the plaintiff, declared to be a mortgage, and to obtain a foreclosure and a sale of the land to make the amount of the mortgage debt remaining unpaid, which is alleged to exceed $1,500. The alleged debt consisted of moneys advanced to Levi M.’ Evans; the widow and children of said Evans, and the administrator of his estate were made defendants; and they answered denying knowledge or information sufficient to form a belief as to some averments óf the complaint, and…
1Opinion of the CourtOrton, J.
Levi M. Evans, now deceased, and represented here by tbe respondents, having been for some years, during his minority, an inmate of tbe family of tbe appellant in tbe state of Yermont, and having come to this state some time before tbe year 1853, and being desirous of purchasing and improving land for a farm, and being destitute of means, applied to tbe appellant, bis friend and benefactor, for a loan of money, to be advanced to him from time to time for such purpose. It was thereupon agreed between them that tbe appellant should advance money first to purchase and then to improve tbe lands…
2Cases cited3 opinions
- Daniels v. FosterWisconsin Supreme Court · 1870
- Spencer v. FredendallWisconsin Supreme Court · 1862
- Campbell v. BabcockWisconsin Supreme Court · 1871
3Cited by13 opinions
- Hughes v. ThomasWisconsin Supreme Court · 1907
- Phelan v. FitzpatrickWisconsin Supreme Court · 1893
- Starks v. RedfieldWisconsin Supreme Court · 1881
- Williams v. WilliamsWisconsin Supreme Court · 1892
- Merton v. O'BrienWisconsin Supreme Court · 1903
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