Mills v. Morris
Wisconsin Supreme Court
Appeal from a judgment of the municipal court of Out-agamie county: Thomas H. RyaN, Judge. Action to cancel the record of a mortgage, a $2,200 note on the ground of fraud and to declare the same and the note given therewith void. Charles S. Spaulding, in the town of Maine, Outagamie county, Wisconsin, in 1904, died intestate, possessed of title to lands covered by the mortgage sought to be canceled.
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Appeal from a judgment of the municipal court of Out-agamie county: Thomas H. RyaN, Judge. Action to cancel the record of a mortgage, a $2,200 note on the ground of fraud and to declare the same and the note given therewith void. Charles S. Spaulding, in the town of Maine, Outagamie county, Wisconsin, in 1904, died intestate, possessed of title to lands covered by the mortgage sought to be canceled. He left surviving, his widow, Icybinda Spaulding, who was a second wife and defendant Hiram A. Spaulding, a son by a former marriage. Mr. Spaulding had not seen his son for many years.…
1Opinion of the CourtMarshall, J.
This case does not seem to present any difficulty warranting extended treatment. It cannot well be contended, and is not, that the facts found do not support the judgment. The point made that some material findings are not supported by the evidence, is ruled to the contrary by the familiar principle giving efficiency to trial determinations of issues of fact where there is a fair basis in the evidence therefor.
The point made that the court improperly excluded evi-*42deuce respecting tbe true consideration for the note and mortgage is unimportant because, regardless of what the consideration was,…
2Cases cited4 opinions
- Ludington v. PattonWisconsin Supreme Court · 1901
- Gay v. OsborneWisconsin Supreme Court · 1899
- Grant v. LawWisconsin Supreme Court · 1871
- McConnell v. HughesWisconsin Supreme Court · 1892
3Cited by5 opinions
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- Gould v. BesterOregon Supreme Court · 1928