Wisconsin Supreme Court, 1914

Polly v. Gumney

Polly v. Gumney
Wisconsin Supreme Court · Decided May 21, 1914 · Kerwiw
157 Wis. 362; 147 N.W. 356; 1914 Wisc. LEXIS 213

Polly v. Gumney

Opinion of the Court

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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