Zimmerman v. Zimmerman
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Lincoln county: A. H. Reid, Circuit Judge. Action to remove a cloud on title, tried with the following result as to facts: Augusta Zimmerman died April 8, 1915. She then resided on a farm composed of land described in the complaint.
Read the full summary
Appeal from a judgment of the circuit court for Lincoln county: A. H. Reid, Circuit Judge. Action to remove a cloud on title, tried with the following result as to facts: Augusta Zimmerman died April 8, 1915. She then resided on a farm composed of land described in the complaint. She had been a widow since 1901 and for years had operated the farm, assisted by plaintiff, her son John Zimmerman, who was unmarried and resided with her, and also by her son Herman, an incompetent and under guardianship. She derived title from her husband, who predeceased her. February 8, 1901, the deed of the land…
1Opinion of the CourtMarshall, J.
It is conceded, as the fact is, that unless Mrs. Zimmerman delivered the deed to Mr. Van TIecke, or Mr. Braun, intending to absolutely part with control thereof so it would take effect, in prcssenti, as her deed, but enjoyment of the property by the grantee be postponed until her death and his then coming into manual possession of ,the paper, it was of mere testamentary character and void. While a deed may be delivered by the grantor to a third person for the benefit of the grantee and possession and enjoyment by him of the property involved be postponed until the happening of some specified…
2Cases cited7 opinions
- Prutsman v. BakerWisconsin Supreme Court · 1872
- Campbell v. ThomasWisconsin Supreme Court · 1877
- Albright v. AlbrightWisconsin Supreme Court · 1888
- Kittoe v. WilleyWisconsin Supreme Court · 1904
- Williams v. DaubnerWisconsin Supreme Court · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Chaudoir v. WittWisconsin Supreme Court · 1920
- Buchwald v. BuchwaldCourt of Appeals of Maryland · 1938
- Prosser v. NickolayWisconsin Supreme Court · 1946
- Darling v. WilliamsWisconsin Supreme Court · 1926
- Steuerwald v. SteuerwaldWisconsin Supreme Court · 1928
1 more not listed; retrieve them via the Exa API.