Smith v. Smith
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Bi'chland county: Geo. ClemeNtsow, Circuit Judge. This is an action in equity brought by the widow and minor children of one Anson L. Smith, deceased, to cancel a certain deed to real estate executed by the said Anson-L. Smith and the plaintiff Ora, his wife, running to one A. hi. Smith, which deed is alleged to have been without consideration, and never to have been delivered.
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Appeal from a judgment of the circuit court for Bi'chland county: Geo. ClemeNtsow, Circuit Judge. This is an action in equity brought by the widow and minor children of one Anson L. Smith, deceased, to cancel a certain deed to real estate executed by the said Anson-L. Smith and the plaintiff Ora, his wife, running to one A. hi. Smith, which deed is alleged to have been without consideration, and never to have been delivered. It appeared that the-land in question was originally owned by one Matthew R~ Smith, who died in the year 1881, leaving, him surviving, a-widow, named Catherine, who was…
1Opinion of the CourtWnvsnow, J.
The appellant ñiakes two contentions r (1) That the finding that the deed was never delivered is not supported by the evidence; and (2) .that the court erred in finding that Anson La Rose Smith had any title to or interest in the land when the deed was made.
1. The defendant is doubtless right in his claim that the fact that a deed is duly recorded is prima facie evidence of its due delivery. 1 Devi. Deeds (2d ed.) §.292. But this is *574■a presumption of fact, merely, which may be rebutted by ■other evidence showing, as matter of fact, that there was no 'delivery. Id. The evidence in the present…
2Cases cited1 opinion
- Patton v. LudingtonWisconsin Supreme Court · 1899
3Cited by17 opinions
- Shufeldt v. ShufeldtWashington Supreme Court · 1924
- In re Moran's WillWisconsin Supreme Court · 1903
- Atchison v. FrancisSupreme Court of Iowa · 1917
- Benner v. MauerWisconsin Supreme Court · 1907
- Johrden v. PondSupreme Court of Minnesota · 1914
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