Young v. Young
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Outagamie county: JohN G-oodlaNd, Circuit Judge. Tbe plaintiff, a married woman seventy-three years of age, brings this action in equity to set aside a conveyance of a farm of 120 acres of land and tbe personal property thereon made by her husband and herself in favor of the defendant Frank Young (her son) and Dell Young, his wife. The plaintiff’s husband, Tréffiey Young, is made a defendant.
Read the full summary
Appeal from an order of tbe circuit court for Outagamie county: JohN G-oodlaNd, Circuit Judge. Tbe plaintiff, a married woman seventy-three years of age, brings this action in equity to set aside a conveyance of a farm of 120 acres of land and tbe personal property thereon made by her husband and herself in favor of the defendant Frank Young (her son) and Dell Young, his wife. The plaintiff’s husband, Tréffiey Young, is made a defendant. The defendants demurred (1) for defect of parties and (2) for insufficiency of facts, and the demurrer was sustained on both grounds. The complaint alleges…
1Opinion of the CourtWinslow, C. J.
In this court it is held:
1. Conveyances like the present, made by aged people in consideration of support and care, are deemed to be conveyances made upon condition subsequent, and will be set aside by a court of equity upon proof of substantial failure to perform. Bogie v. Bogie, 41 Wis. 209; Lowrey v. Finkleston, 149 Wis. 222, 134 N. W. 344.
2. In such' a case, although the title to the real estate was in the husband, the wife has such a substantial interest in the carrying out of the contract that she is entitled to bring an equitable action alone (in case her husband refuses to become a…
2Cases cited3 opinions
- Bogie v. BogieWisconsin Supreme Court · 1876
- Lowrey v. FinklestonWisconsin Supreme Court · 1912
- Mootz v. PetraschefskiWisconsin Supreme Court · 1908
3Cited by3 opinions
- Moffatt v. MoffattSupreme Court of Oklahoma · 1945
- Danielson v. DanielsonWisconsin Supreme Court · 1917
- Kroening v. KroeningWisconsin Supreme Court · 1936