Wilcox v. Bates
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. Action against Allen C. Bates and George Harvey and their wives, to redeem two hundred acres of land, consisting of the S. E. J of sec. 12, and the S. E. of the S. E. | of sec. 13, in the vicinity of the city of Janesville.
Read the full summary
APPEAL from the Circuit Court for Rock County. Action against Allen C. Bates and George Harvey and their wives, to redeem two hundred acres of land, consisting of the S. E. J of sec. 12, and the S. E. of the S. E. | of sec. 13, in the vicinity of the city of Janesville. The complaint charges that said Bates and Harvey acquired the legal title under an arrangement by which they were to hold the same as security for moneys advanced by them to pay the plaintiff’s debts, and that they had conveyed a portion of said lands to Mrs. Bates and Mrs. Harvey without any valuable consideration, etc. The…
1Opinion of the CourtPaine, J.
Notwithstanding what was said in the opinion in Rasdall's Adm’rs v. Rasdall, 9 Wis. 379, as to the admissibility of parol evidence to prove an absolute deed a mortgage, upon principle, it has since been frequently held by this court that the admis-siblity of such evidence had been so long established by authority as to have become a rule of property, which ought not to be changed by the judicial department.
This being so, the merits of this case depend almost entirely upon the question of fact, whether the title to the plaintiff’s property was taken by Bates, by means of the various…
2Cases cited1 opinion
- Fairchild v. RasdallWisconsin Supreme Court · 1859
3Cited by17 opinions
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Rockwell v. HumphreyWisconsin Supreme Court · 1883
- Lamson v. MoffatWisconsin Supreme Court · 1884
- Starks v. RedfieldWisconsin Supreme Court · 1881
- Madigan v. MeadSupreme Court of Minnesota · 1883
12 more not listed; retrieve them via the Exa API.