Legal Opinion · Dissent

Keilly v. Severson

Wisconsin Supreme Court

Decided April 23, 1912Published

Appeal from a judgment of tbe circuit court for Dane county: E. Eat SteveNS, Circuit Judge. Action in ejectment. It was tried by tbe court. Tbe issues and nature of tbe evidence are indicated by tbe following epitome of tbe findings: In 1895, defendant Emma Severson> as administratrix of tbe estate of one Torboug, sold and conveyed tbe real estate in question for $110 to one Erickson. He is a brother of Emma Severson wbo is tbe widow of said Torboug.

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Appeal from a judgment of tbe circuit court for Dane county: E. Eat SteveNS, Circuit Judge. Action in ejectment. It was tried by tbe court. Tbe issues and nature of tbe evidence are indicated by tbe following epitome of tbe findings: In 1895, defendant Emma Severson> as administratrix of tbe estate of one Torboug, sold and conveyed tbe real estate in question for $110 to one Erickson. He is a brother of Emma Severson wbo is tbe widow of said Torboug. Prior to said sale sbe and said Erickson agreed tbat be should become purchaser at tbe sale, take tbe title in bis own name and, later, convey…

1DissentTimliN, J.

In this action of ejectment it appears without dispute that the respondent Bmma Severson, *260as administratrix, made an oral agreement with appellant’s grantor, her brother, that the latter should buy at her admin-istratrix’s sale in his name for her a parcel of land belonging to the estate of her decedent. He did so and received a deed of this land from her as administratrix. She remained in possession, but never received any deed of conveyance. This purchaser at her sale conveyed to the- appellant, his son-in-law, who brought ejectment against the respondent for the land, but who by reason of…

2Cases cited18 opinions

  1. Garfield v. . HatmakerNew York Court of Appeals · 1857
  2. Kreamer v. EarlCalifornia Supreme Court · 1891
  3. Baker v. . BlissNew York Court of Appeals · 1868
  4. Clarke v. Lincoln Lumber Co.Wisconsin Supreme Court · 1884
  5. Ætna Insurance v. HarveyWisconsin Supreme Court · 1860

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