Fitzpatrick v. Estate of Phelan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. Martin Phelan died December 10, 1880. He had boarded ■and roomed in the house with the respondent from 1869 to the fall of 1875, and then from some time in May, 1877, to the time of his death, except temporary absences. On September 15, 1870, a farm of sixty-seven acres was sold on foreclosure sale against the respondent, and bid in by Phelan for $471, which he then paid.
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APPEAL from the Circuit Court for Iowa County. Martin Phelan died December 10, 1880. He had boarded ■and roomed in the house with the respondent from 1869 to the fall of 1875, and then from some time in May, 1877, to the time of his death, except temporary absences. On September 15, 1870, a farm of sixty-seven acres was sold on foreclosure sale against the respondent, and bid in by Phelan for $471, which he then paid. It is claimed by the respondent that Phelan bid in the land with the understanding and agreement that he would reconvey to her upon repayment ■of the $471 and interest; and it…
1Opinion of the CourtCassoday, J.
In pursuance of a request from the administrator, the court read, in the presence of the jury, an instruction to the effect that the note was prima faeie evidence that all previous indebtedness from the deceased to the respondent had at that time been paid, and then added: “ The court declines giving the instruction ’(in unqualified terms), *253for the reason that if the jury believe from the testimony ■that the claimant, Mrs. Fitzpatridc, was indebted to Martin Phelan for money advanced to purchase her fatm, away back in 1871, and feel themselves warranted in believing that she was saving up her…
2Cases cited2 opinions
- Hannan v. EngelmannWisconsin Supreme Court · 1880
- Butler v. KirbyWisconsin Supreme Court · 1881
3Cited by9 opinions
- Hopp v. HoppSupreme Court of Minnesota · 1968
- Beneke v. Estate of BenekeSupreme Court of Minnesota · 1912
- Pym v. PymWisconsin Supreme Court · 1903
- Spellbrink v. BrambergWisconsin Supreme Court · 1944
- St. Francis Valley Lumber Co. v. OrcuttSupreme Court of Arkansas · 1927
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