142 Wis. 43 | Wis. | 1910
1. Considering first the plaintiffs’ appeal: The judgment denying their title to the half interest covered by the deed to Lewis was predicated upon a finding reciting-Lewis’s and Eorbes’s claim to an equitable one-half interest, but declaring that neither J. 0. Lewis nor C. E. Forbes had in fact any legal or equitable right, title, or interest. We cannot consider this part of the finding other than a conclusion of law, for the evidence as to detail facts is undisputed. It appeared that for two or three years prior to 1892 Smith was buying tax titles and thereby acquired the land in dispute amongst others. The testimony of Lewis is substantially that “myself and Forbes each had a quarter interest in such lands. Smith held the legal title. He held it pursuant to oral agreement between him, myself, and Forbes as to the subsequent disposition of the land. That agreement was that, as fast as the land was sold or redeemed, Smith was to receive one half interest and Forbes and I one quarter each
2. Upon defendant’s appeal the sole question of controversy is whether a binding written agreement satisfying the
The evidence received by the court over objection to establish this agreement consisted in part of oral testimony as to the contents of certain letters written to Smith by one Hays-sen as agent for Hartl and of letters received by Hayssen which had been destroyed. The admissibility of this evidence is vigorously, assailed by defendant’s counsel. The ■question is a grave one whether it is permissible to establish by parol the contents of letters sent to a person in another state, with no proof whatever of efforts or inability to obtain the originals. Such question, however, we deem unnecessary of decision, since no such evidence will be considered. After some letters from Hayssen to Smith, the contents of which we disregard, there came from Smith to Hayssen a letter the contents of which was proved by parol over objection. It appeared that Hayssen, who was a farmer, of no business habits or business experience, was at that time county clerk; that while such clerk he made it a practice to retain correspond
An objection is urged by the defendant to the evidence used
By the Court. — Judgment is reversed on plaintiffs’ appeal and remanded with directions to enter judgment in accordance with the prayer of the complaint The defendant to take nothing on his appeal.