Polly v. Gumney

Wisconsin Supreme Court

Polly v. Gumney

147 N.W. 356, 157 Wis. 362, 1914 Wisc. LEXIS 213

CourtWisconsin Supreme Court

DecidedMay 21, 1914

StatusPublished

Cited by3 cases

This text of 147 N.W. 356 (Polly v. Gumney) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Polly v. Gumney, 147 N.W. 356, 157 Wis. 362, 1914 Wisc. LEXIS 213 (Wis. 1914).

Pincite

Opinion

KeRWIw, J.

There is really but one question on this appeal, namely, whether the findings are supported by the evidence.

It is insisted by appellant that there was a sale of the property and that the deed on its face shows that the transaction was a sale of the land, not a conveyance of it as security for a debt. It is well settled by the decisions of this court that a conveyance of land by deed absolute on its face, when given as security for a debt, is a mortgage. Smith v. Pfluger, 126 Wis. 253, 105 N. W. 476. The evidence amply supports the findings to the effect that the transaction was not a sale of the land, but merely a conveyance of it to secure a debt.

All the findings are well supported by the evidence, therefore the judgment must be affirmed.

By the Oourt. — The judgment is affirmed.

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KeRWIw, J.

There is really but one question on this appeal, namely, whether the findings are supported by the evidence.

It is insisted by appellant that there was a sale of the property and that the deed on its face shows that the transaction was a sale of the land, not a conveyance of it as security for a debt. It is well settled by the decisions of this court that a conveyance of land by deed absolute on its face, when given as security for a debt, is a mortgage. Smith v. Pfluger, 126 Wis. 253, 105 N. W. 476. The evidence amply supports the findings to the effect that the transaction was not a sale of the land, but merely a conveyance of it to secure a debt.

All the findings are well supported by the evidence, therefore the judgment must be affirmed.

By the Oourt. — The judgment is affirmed.

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Bluebook (online)

147 N.W. 356, 157 Wis. 362, 1914 Wisc. LEXIS 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/polly-v-gumney-wis-1914.

Opinion

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