Bogie v. Bogie
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Jefferson County. The complaint alleges that on the 21st of November, 1872, and for a long time previously, tbe plaintiff was the owner in fee simple and in possession of certain lands therein described.
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APPEAL from tbe Circuit Court for Jefferson County. The complaint alleges that on the 21st of November, 1872, and for a long time previously, tbe plaintiff was the owner in fee simple and in possession of certain lands therein described. It then proceeds as follows: “This plaintiff further shows that on tbe said 21st day of November, 1872, be was infirm in health, and advanced in age, and was desirous of making .such a disposition of his property and effects as would secure sufficient support and maintenance, in health or sickness, during tbe remainder of bis life; and whereby be might be…
1Opinion of the CourtLtok, J.
It will be observed that one theory of the action, as disclosed in the complaint, is, that the conveyance by the plaintiff to the defendant John Bogie, and the agreement of the parties executed at the same time, constitute a single transaction and have the same legal effect as though the terms of both were included in one instrument; and that the maintenance of the plaintiff by the defendant John Bogie is a *217condition subsequent, tbe failure to perform which works a forfeiture of the lands conyeyed. It was stated in the argument at the bar, that the learned circuit judge held the plaintiff to…
2Cases cited2 opinions
- Horner v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1875
- Reid v. BurnsOhio Supreme Court · 1861
3Cited by48 opinions
- Glocke v. GlockeWisconsin Supreme Court · 1902
- Russell v. CarverSupreme Court of Alabama · 1922
- Martin v. MartinSupreme Court of Kansas · 1890
- Hewett v. DoleWashington Supreme Court · 1912
- Lindsay v. GlassIndiana Supreme Court · 1889
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