Plato v. Roe
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. This action was commenced in the circuit court for Rock county. The facts alleged in the complaint are as follows : On the 5th of March; 1859, the plaintiff negotiated a loan of the defendant Hoe, of $200 payable in one year, with $50 interest, to be secured by a deed of certain real estate in the city of Janesville, upon the execution of which deed Hoe was to execute a written agreement under seal, conditioned that if the…
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APPEAL from the Circuit Court for Jefferson County. This action was commenced in the circuit court for Rock county. The facts alleged in the complaint are as follows : On the 5th of March; 1859, the plaintiff negotiated a loan of the defendant Hoe, of $200 payable in one year, with $50 interest, to be secured by a deed of certain real estate in the city of Janesville, upon the execution of which deed Hoe was to execute a written agreement under seal, conditioned that if the plaintiff should pay him said sum of $250 when due, together with all sums which the defendant should pay as taxes or…
1Opinion of the Court
By the Court,
Paine, J.
We agree entirely with the finding of the court below upon the facts in this case, and also with its first, second and third conclusions of law. It was *457claimed by the appellant, that parol evidence was inadmissible to show a deed absolute on its face to be a mortgage,. and reliance was placed upon the remarks of this court in Rasdall's Adm'rs vs. Rasdall, 9 Wis., 392, as sustaining that position. In that case it was intimated that the rule admitting such evidence, where there was no allegation of fraud, accident or mistake in the execution of the papers, could not be…
2Cases cited2 opinions
- Fairchild v. RasdallWisconsin Supreme Court · 1859
- Ashton v. FitzhughU.S. Circuit Court for the District of District of Columbia · 1804
3Cited by12 opinions
- Hoile v. BaileyWisconsin Supreme Court · 1883
- McNamara v. CulverSupreme Court of Kansas · 1879
- Oconto Co. v. BaconWisconsin Supreme Court · 1923
- Diggle v. BouldenWisconsin Supreme Court · 1880
- Sweet v. MitchellWisconsin Supreme Court · 1862
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