Sullivan v. Bruhling
Wisconsin Supreme Court
APPEAL from the Circuit Court for Chippewa County. Appeal by the defendant BruMing from an order overruling a general demurrer interposed by him to the complaint. The case made by the complaint is substantially as follows: In 1884, plaintiff purchased, of one Cameron and one McPhee, a certain lot in the city of Chippewa Falls owned by them, and paid the agreed price therefor.
Read the full summary
APPEAL from the Circuit Court for Chippewa County. Appeal by the defendant BruMing from an order overruling a general demurrer interposed by him to the complaint. The case made by the complaint is substantially as follows: In 1884, plaintiff purchased, of one Cameron and one McPhee, a certain lot in the city of Chippewa Falls owned by them, and paid the agreed price therefor. For certain reasons stated in the complaint, which are untainted with fraud, it was agreed by the three parties to the transaction that the conveyance of the lot should be drawn and executed to the defendant Tierney, in…
1Opinion of the CourtLyoN, J.
The facts stated in the complaint furnish ample grounds for reforming the dded of the lot in question, executed by Cameron and MePhee to plaintiff, so that it shall express a trust in favor of the plaintiff, provided the law justifies such a reformation of any conveyance. If the deed, so reformed, will vest title to the lot, or any beneficial interest therein, in the plaintiff, it ought to be reformed.
At common law, the deed, so reformed; would create a valid passive trust. Tierney would hold under it the naked legal title to the use of the plaintiff, and the whole beneficial interest would…
2Cited by12 opinions
- Holmes v. WalterWisconsin Supreme Court · 1903
- Stillson v. StateIndiana Supreme Court · 1933
- Davenport v. StephensWisconsin Supreme Court · 1897
- Boyle v. KempkinWisconsin Supreme Court · 1943
- Skinner v. JamesWisconsin Supreme Court · 1887
7 more not listed; retrieve them via the Exa API.