51 Wis. 42 | Wis. | 1881
Levi M. Evans, now deceased, and represented here by tbe respondents, having been for some years, during his minority, an inmate of tbe family of tbe appellant in tbe state of Yermont, and having come to this state some time before tbe year 1853, and being desirous of purchasing and improving land for a farm, and being destitute of means, applied to tbe appellant, bis friend and benefactor, for a loan of money, to be advanced to him from time to time for such purpose. It was thereupon agreed between them that tbe appellant should advance money first to purchase and then to improve tbe lands described in tbe complaint, and that tbe patents thereof should be issued to, and in the name of, tbe appellant, and that tbe legal title should thereafter stand in bis name as security for such advancements. Accordingly tbe appellant advanced to Evans, first, money to make tbe first payments on the land and some money to aid him in building a bouse thereon, and afterwards, to make tbe final payments on tbe land and to aid in its improvement, moneys were advanced by tbe appellant, which, after deducting previous repayments, if any, amounted to tbe sum of $1,633.98, principal and interest, on the 15th day of August, 1859, as appears by tbe following letter of Evans to tbe appellant:
“ $1,633.98. EjRAINTRee, August 15, 1859.
“ Eeceived of J. A. Spear, at different times, money to pay for and improve a certain farm in Plymouth, Sheboygan county, Wisconsin, which said J. A. Spear has a deed of. The amount of all tbe money thus expended, and interest of the same, at this date, is $1,633.98. L. M. EvaNS.”
All of these matters appear sufficiently by the written correspondence of tbe parties from time to time, and other docu
It seems that Evans intermarried with Caroline, one of the respondents, in May, 1853, before the final payment on the land, in December of that year, and a very large part of the money which went into improvements was evidently furnished after that time. Whatever dower interest Caroline Evans acquired in the lands, and whatever homestead right there
To ascertain the amount paid for the purchase of the land, keeping within the statutory rule excluding transactions with Evans, which would embrace moneys paid to him depending alone upon the testimony of the appellant, the written correspondence of the parties must alone be consulted. It is quite probable that the correspondence will not furnish data for the whole of this amount, but it will approximate very nearly to it, and there is no other admissible evidence. According to the letter of the appellant to Evans of December 11,1853, the balance of the purchase money sent was $368, and the first payments on the land were $42.92, making in all the sum of $410.92. This amount, with interest thereon, is determined to be the purchase money of the lands, which must be paid without regard to any dower interest or homestead right. The sum of $1,633.98, mentioned in the receipt of August 15, • 1859, must be accepted as the true amount and interest then due and determined, upon an accounting by the parties, for all money advanced, both for the purchase and improvement of the land. It not appearing when the first payments on the land were made, interest will be computed on the’ whole purchase money from the time the last apiount of $368 was received by Evans, December 22, 1853. In short, interest on the sum of $410.92 will be computed from December 22,1853, until August 15, 1859, and the whole of that sum deducted from $1,633.98, which will leave the balance for improvements.
The payments of $100, October 1, 1860, of $9.69, November 1, 1862, and of $28.25, May 20, 1875, will be deducted from the interest accruing after August 15, 1859, proportionally, on the two sums of purchase money and for improvements. When the two sums are in this way separately
By the Court.— The judgment of the circuit court is reversed, with costs, and the cause remanded with directions to render judgment according to this opinion.