Desmond v. McNamara
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. II. JohNsoN, Circuit Judge. Action to foreclose a mortgage. The respondents, Elizabeth McNamara and Mary Ann McNamara, and the appellant, Francis 8. McNamara, all joined as defendants, were each personally liable for the mortgage indebtedness. The ■only contest was between appellant and respondents.
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Appeal from a judgment of the circuit court for Milwaukee county: D. II. JohNsoN, Circuit Judge. Action to foreclose a mortgage. The respondents, Elizabeth McNamara and Mary Ann McNamara, and the appellant, Francis 8. McNamara, all joined as defendants, were each personally liable for the mortgage indebtedness. The ■only contest was between appellant and respondents. Issue was joined between them by the answer of respondents duly •served upon appellant, and his answer thereto. That issue was in respect to whether appellant was bound to protect the respondents against liability for the…
1Opinion of the CourtMaeshall, J.
It is contended that the finding, that there was a valuable consideration to support the conveyance of the property by appellant to respondents, is not supported by the evidence; that, on the contrary, the evidence shows clearly that the only consideration for such conveyance was the relationship existing between the parties; that otherwise it was a mere gift. We do not deem it necessary to decide that controversy, but will say, from a careful' examination of the record, we have not been able to discover, very clearly at least, that it supports the finding of the trial court.
If the finding,…
2Cases cited10 opinions
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- Enos v. SangerWisconsin Supreme Court · 1897
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- Salter v. Bank of Eau ClaireWisconsin Supreme Court · 1897
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