Horton v. Lee
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Jefferson county: B. F DuNwiddie, Circuit Judge. Action to avoid a deed for fraud. The issues raised by the pleadings are indicated in findings and conclusions, in substance as follows: Plaintiff, when the transactions occurred leading up to and inclusive of the particular act in controversy, was a weak-minded man about fifty years of age to the knowledge of defendant, who had been on intimate terms with him for many years.
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Appeal from a judgment of tbe circuit court for Jefferson county: B. F DuNwiddie, Circuit Judge. Action to avoid a deed for fraud. The issues raised by the pleadings are indicated in findings and conclusions, in substance as follows: Plaintiff, when the transactions occurred leading up to and inclusive of the particular act in controversy, was a weak-minded man about fifty years of age to the knowledge of defendant, who had been on intimate terms with him for many years. August 27,1898, plaintiff owned land in Dane county, Wisconsin, of the value of about $1,800, and defendant owned land in…
1Opinion of the CourtMaRshall, J.
The findings of fact cannot be disturbed under the familiar rule governing the review, on appeal, of cases tried without a jury. It is useless to incumber the records here by a discussion of the evidence which leads to that conclusion, and which, to our minds, tends strongly to prove the existence of every material fact necessary to support the judgment.
True, on the vital question of whether the alleged confederates of defendant were such in fact there is no direct evidence, but that is not material. Fraud is generally worked by secret ways so as to prevent the existence of direct evidence of…
2Cases cited9 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Patterson v. WrightWisconsin Supreme Court · 1885
- Chrysler v. . CanadayNew York Court of Appeals · 1882
- Witherwax v. RiddleIllinois Supreme Court · 1887
- Maltby v. AustinWisconsin Supreme Court · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hetland v. BilstadSupreme Court of Iowa · 1908
- Miranovitz v. GeeWisconsin Supreme Court · 1916
- Gauthier v. Atchison, Topeka & Santa Fe Railway Co.Wisconsin Supreme Court · 1922
- Karls v. DrakeWisconsin Supreme Court · 1919
- Eckstein v. StorckSupreme Court of Iowa · 1925
4 more not listed; retrieve them via the Exa API.