Patulski v. Bellmont Realty Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: W. J. TueNes, Circuit Judge. Action to quiet title. Tbe plaintiffs are residuary legatees of one Anna E. Bours, wbo died May 7, 1916. From the evidence it appears that in 1910 tbe defendant Bradshaw was a real-estate dealer in tbe city of Milwaukee and that at or about that time be became tbe confidential adviser, agent, and manager of tbe business affairs of Mrs. Bours; that between that time and tbe day of…
Read the full summary
Appeal from a judgment of tbe circuit court for Milwaukee county: W. J. TueNes, Circuit Judge. Action to quiet title. Tbe plaintiffs are residuary legatees of one Anna E. Bours, wbo died May 7, 1916. From the evidence it appears that in 1910 tbe defendant Bradshaw was a real-estate dealer in tbe city of Milwaukee and that at or about that time be became tbe confidential adviser, agent, and manager of tbe business affairs of Mrs. Bours; that between that time and tbe day of her death be transacted a large amount of business for her relating to real estate which was owned and acquired by tbe…
1Opinion of the CourtRoseitbeRRY, J.
Appellants contend that the judgment should be reversed (1) because the findings set out are against the clear preponderance of the evidence, and (2) be•cause the court erred in rejecting testimony offered by the defendants and in admitting evidence offered by plaintiffs.
Under the rule laid down in Armstrong v. Morrow, ante, p. 1, 163 N. W. 179, when the plaintiffs established, as it is admitted they did, the fact of the confidential relationship between the deceased Anna R. Bours and the defendant Bradshaw, her agent and adviser, they established a prima facie case, and it was then incumbent…
2Cases cited1 opinion
- Armstrong v. MorrowWisconsin Supreme Court · 1917
3Cited by3 opinions
- Glojek v. GlojekWisconsin Supreme Court · 1948
- Beilfuss v. DinnauerWisconsin Supreme Court · 1921
- Voort v. Farmers & Traders BankWisconsin Supreme Court · 1927