Evans v. Evans
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dodge county: Martin L. Lueck, Circuit Judge. Ejectment.' Defendant counterclaimed alleging that she is the owner of the íand; prayed that the deed under' which plaintiff claimed title .be declared a mortgage, and for an accounting. The court found the title to be in the plaintiff, refused to declare the deed to her a mortgage', and refused an: accounting. From a judgment entered accordingly the defendant appealed. •
1Opinion of the Court
The following opinion was filed November 16, 1920:
Vinje, J.
Mindful of the rule that it requires clear, convincing, and satisfactory evidence to reform a written instrument, and of the further rule that findings of a trial court will not be set aside unless clearly against the preponderance of the evidence, we nevertheless in this case unanimously reach the conclusion that the trial court erred in not finding that the deed was in fact a.mortgage and that an accounting should have been taken. Plaintiff was the mother .of defendant’s husband, John Evans, who died in war service. He had been…
2Cited by4 opinions
- Jewell v. United Fire & Casualty Co.Wisconsin Supreme Court · 1964
- Sprain v. Gibson Ice Cream Co.Wisconsin Supreme Court · 1924
- Tillmann v. FlierlWisconsin Supreme Court · 1937
- Goodman v. Brown Land & Lumber Co.Wisconsin Supreme Court · 1924