Schintz v. McManamy
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action to procure the cancellation of a deed. The case, stated most strongly for the defendant, is as follows: The plaintiff lived in Appleton, and owned three lots in Oshkosh. He received information at his residence, by a letter from one Stewar, that a friend of the latter wished to purchase such lots.
Read the full summary
APPEAL from the Circuit Court for Winnebago County. Action to procure the cancellation of a deed. The case, stated most strongly for the defendant, is as follows: The plaintiff lived in Appleton, and owned three lots in Oshkosh. He received information at his residence, by a letter from one Stewar, that a friend of the latter wished to purchase such lots. Not knowing the name of the friend, the plaintiff and his wife executed a deed of the lots, leaving the name of the grantee blank. The plaintiff took the deed to Oshkosh, and there made a contract with Elizabeth McManamy, who is a sister of…
1Opinion of the CourtLyon, J.
The deed was made and delivered to the defendant with the consent and by the procurement of his sister Elizabeth, who made the contract for the land with the plaintiff; but there is nothing in the, case to show,-or which even tends to show, that the plaintiff ever agreed to convey the lots to any person other than said Elizabeth, or that he ever authorized Emil to insert any other name in the deed as grantee.
It was doubtless competent for the grantors to authorize *302Emil, by parol, to insert tbe name of the grantee in the deed after they had signed and acknowledged the same. Vliet v. Camp, 13…
2Cases cited3 opinions
- Tisher v. BeckwithWisconsin Supreme Court · 1872
- Vliet v. CampWisconsin Supreme Court · 1860
- Diener v. SchleyWisconsin Supreme Court · 1856
3Cited by10 opinions
- Swartz v. BallouSupreme Court of Iowa · 1877
- State v. MatthewsSupreme Court of Kansas · 1890
- Friend v. YahrWisconsin Supreme Court · 1905
- Lockwood v. BassettMichigan Supreme Court · 1883
- Garland v. WellsNebraska Supreme Court · 1883
5 more not listed; retrieve them via the Exa API.