Carpenter v. Carpenter
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waupaca county: A. II. Reid, Judge. Action to foreclose a chattel mortgage.
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Appeal from a judgment of the circuit court for Waupaca county: A. II. Reid, Judge. Action to foreclose a chattel mortgage. The issues raised by the pleadings are fairly shown by the-following summary of the decision of the case as to facts: October 8, 1902, defendants, who were then husband and wife, gave plaintiff, — an elderly lady and mother of defendant Willard E. Carpenter and two daughters, Willard being the youngest child and some thirty-seven years of age, — a mortgage on a newspaper plants purporting to secure payment of Willard’s promissory note for $3,000 to his mother according…
1Opinion of the CourtMaesiiall, J.
It is considered that the findings of fact are protected by the principle that they cannot be disturbed unless they are against the clear preponderance of the evidence.
The foregoing conclusion leaves as verities, that the note and mortgage were executed and placed in escrow to take effect according to their terms only upon the happening of an event which had not transpired when this action was commenced to enforce them; that Aneta B. Carpenter became the owner of the property described therein subject to that situation and that the papers were in form taken out of escrow without her consent…
2Cases cited7 opinions
- Hodge v. SmithWisconsin Supreme Court · 1907
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- Swanke v. HerdemanWisconsin Supreme Court · 1909
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3Cited by7 opinions
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