Ferguson v. Mason
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for WauJcesha County. Ejectment, to recover an undivided one-third of certain land described in the complaint. The answer denies the plaintiff’s title, and alleges that the defendant is the sole owner of the land in fee simple.
Read the full summary
APPEAL from tbe Circuit Court for WauJcesha County. Ejectment, to recover an undivided one-third of certain land described in the complaint. The answer denies the plaintiff’s title, and alleges that the defendant is the sole owner of the land in fee simple. The facts, as they appear from the testimony and the findings of the court, are as follows: In 1877 John Ferguson, Sr., who was the father of these parties, and then the owner of the land claimed, conveyed such land to the defendant. The deed thereof expresses a consideration “ of one dollar and love and affection.” The land was the…
1Opinion of the CourtLyoN, J.
I. Laying aside the question of homestead for the present, it is necessary, first, to determine whether a conveyance of land by the owner thereof in fee is valid, in *383which it is stipulated that the grantor shall have the possession and absolute use and control of the land during his life.
In very many of the older cases the courts, out of tender regard to the subtle and technical distinctions and niceties of the common' law rules respecting the tenure and alienation of real estate, seem to have held that if such a conveyance be regarded as' a feoffment, or,bargain and sale, it could not be…
2Cases cited9 opinions
- Wilkinson v. LelandSupreme Court of the United States · 1829
- Gee v. MooreCalifornia Supreme Court · 1859
- Holmes v. . CarleyNew York Court of Appeals · 1865
- Godfrey v. ThorntonWisconsin Supreme Court · 1879
- Stewart v. MackeyTexas Supreme Court · 1856
4 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Teske v. DittbernerNebraska Supreme Court · 1903
- Pipkin v. WilliamsSupreme Court of Arkansas · 1893
- Cumps v. KiyoWisconsin Supreme Court · 1899
- Albright v. AlbrightWisconsin Supreme Court · 1888
- Rosenthal v. PleckWisconsin Supreme Court · 1918
27 more not listed; retrieve them via the Exa API.