Swanson v. Madsen

I am in disagreement with the majority as to the issues presented here, as to the construction of the evidence, and as to the law to be applied. For purposes of clarity, I use the term “plaintiff” to include also Elina Swanson, plaintiff’s predecessor in interest. For further purposes of identification, the use of the word “defendant” in the singular applies to the defendant, Alfred Madsen. I shall also follow in the order advanced the discussion and holding of the majority.

The majority, in setting out the issues, state: “It is the contention of the defendant that he is entitled to the…