Bergman v. Bernsdorf

271 Wis. 401 (1955)

BERGMAN, Respondent,

vs.

BERNSDORF and wife, Appellants.[*]

Supreme Court of Wisconsin.

November 11, 1955.

December 6, 1955.

For the appellants there was a brief by Genrich, Terwilliger, Wakeen, Pichler & Conway of Wausau, and oral argument by Neil M. Conway.

For the respondent there was a brief by Wurster & Curtis of Merrill, and oral argument by C. B. Wurster.

STEINLE, J.

A clearly defined issue of fact is raised by both the pleadings and the affidavits. That issue involves the intention of the parties at the time when the deed, note, and mortgage were executed on April 5, 1954,…