Legal Opinion

Gilchrist v. Foxen

Wisconsin Supreme Court

Decided March 16, 1897PublishedCited by 18 opinions

Appeal from a judgment of the circuit court for Portage county: Chas. M. Webb, Circuit Judge. This .is a bill in equity to compel the defendants to release to the plaintiff all claims to the real estate described, and to quiet the plaintiff’s title to the same. The facts appearing of record are to the effect that on and prior to August 31,1885, the defendant Magdalena was the owner in fee simple and in possession of the lands described.

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Appeal from a judgment of the circuit court for Portage county: Chas. M. Webb, Circuit Judge. This .is a bill in equity to compel the defendants to release to the plaintiff all claims to the real estate described, and to quiet the plaintiff’s title to the same. The facts appearing of record are to the effect that on and prior to August 31,1885, the defendant Magdalena was the owner in fee simple and in possession of the lands described. She was then a widow, and old. and infirm. August 31, 1885, Magdalena, by warranty deed, conveyed said lands to her daughter Augustina Shopinski. Said deed…

1Opinion of the CourtCassoday, C. J.

1. The deed from the mother (Magdalena) to her daughter (Augustina), delivered and recorded August 31, 1885, contains provisions that it was given in consideration of the payment by the daughter of the prior mortgage on the premises of $150, and the support by her of her mother, “in good manner during her lifetime, and decent burial when dead.” Such being the express provisions of the deed so on record, it is very obvious that every person acquiring any right, title, or interest in the. premises, from, through, or under the daughter, or her husband, or both, by deed, mortgage, or otherwise,…

2Cases cited21 opinions

  1. Bogie v. BogieWisconsin Supreme Court · 1876
  2. Horner v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1875
  3. Schwallback v. Chicago, Milwaueee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
  4. Cross v. CarsonIndiana Supreme Court · 1846
  5. Bresnahan v. BresnahanWisconsin Supreme Court · 1879

16 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Glocke v. GlockeWisconsin Supreme Court · 1902
  2. First Nat. Bank v. McIntoshSupreme Court of Alabama · 1918
  3. Maginnis v. Knickerbocker Ice Co.Wisconsin Supreme Court · 1901
  4. Empress Theatre Co. v. HortonCourt of Appeals for the Eighth Circuit · 1920
  5. Kidder v. PueschnerWisconsin Supreme Court · 1933

13 more not listed; retrieve them via the Exa API.

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