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160 Wis. 446

Fitzpatrick v. Yache

Wisconsin Supreme Court

Decided April 13, 1915

Wisconsin Supreme Court · decided 1915-04-13

<p> Vendor and purchaser of land: Purchase-money lien: Evidence: Burden of proof. </p> <p>1. In an action to establish, and foreclose a purchase-money lien on land held by defendant under an apparently clear title, the . burden is upon the plaintiff to show that the land is subject to such lien.</p> <p>2. Findings of fact in such a case in favor of the defendant are held to be supported by the evidence.</p>

Affirmed · Decided 1915-04-13

■WxNslow, C. J.

¶1In this ease it is held:

¶21. Tbe burden is upon tbe plaintiff to show that land held by defendant under an apparently clear title is subject to a purchase-money lien in plaintiff’s favor.

¶32. Tbe findings of fact of tbe trial court in this case are well supported by tbe evidence.

¶4There are no other substantial questions in tbe case.-

¶5By the Gowrt. — Judgment affirmed.

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