Kittoe v. Willey
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Grant county :-E. Ray SteveNS, Judge. Action of ejectment by plaintiff, one of ten heirs of John Willey, deceased, against, the other nine heirs as defendants, but especially against William H. Willey, who claims to own eighty acres of land by virtue of a warranty deed executed by the ancestor, John Willey, in his lifetime. Similar deeds of other parcels of land were made to three other brothers at the same time.
Read the full summary
Appeal from a judgment of the circuit court for Grant county :-E. Ray SteveNS, Judge. Action of ejectment by plaintiff, one of ten heirs of John Willey, deceased, against, the other nine heirs as defendants, but especially against William H. Willey, who claims to own eighty acres of land by virtue of a warranty deed executed by the ancestor, John Willey, in his lifetime. Similar deeds of other parcels of land were made to three other brothers at the same time. The only question was whether such deeds were delivered so as to become effective. As a result of some conflict in evidence, the trial…
1Opinion of the Court
Dodoub, J-.
The finding of the court as to the words used by the deceased, John Willey, at the time the deed was placed in his wife’s hands, must be sustained. It is supported by the testimony of the only living witness to the transaction, and is contradicted only by the fact that the same witness, on another occasion, in purporting to quote those words, omitted part of them. The only other question involved is whether from those words, in the light of the attending circumstances, we can say that the further finding that John Willey then intended to place the deed beyond his control, and…
2Cases cited11 opinions
- Prutsman v. BakerWisconsin Supreme Court · 1872
- Sneathen v. SneathenSupreme Court of Missouri · 1891
- Campbell v. ThomasWisconsin Supreme Court · 1877
- Albright v. AlbrightWisconsin Supreme Court · 1888
- Stout v. RaylIndiana Supreme Court · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Blochowitz v. BlochowitzNebraska Supreme Court · 1932
- Jost v. WolfWisconsin Supreme Court · 1906
- Northwestern Mutual Life Insurance v. WrightWisconsin Supreme Court · 1913
- Harmon v. BowersSupreme Court of Kansas · 1908
- Milligan v. MilliganNebraska Supreme Court · 1955
10 more not listed; retrieve them via the Exa API.