Blake v. Blake
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wood County. The plaintiff, George F. Blake, is the son of the defendants Adamson and Elizabeth Blake, and the brother of the defendant O. M. Blake. In April, 1866, a parol agreement was made between the plaintiff and his father and mother that the latter should convey to the plaintiff an undivided one half of a farm consisting of four adjoining forty-acre tracts, in the county of Wood, owned by Alanson, and on which he and his wife resided.
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APPEAL from the Circuit Court for Wood County. The plaintiff, George F. Blake, is the son of the defendants Adamson and Elizabeth Blake, and the brother of the defendant O. M. Blake. In April, 1866, a parol agreement was made between the plaintiff and his father and mother that the latter should convey to the plaintiff an undivided one half of a farm consisting of four adjoining forty-acre tracts, in the county of Wood, owned by Alanson, and on which he and his wife resided. The plaintiff agreed, in consideration thereof, to expend the sum of $870, which he then had, in improving and stocking…
1Opinion of the CourtLyoN, J.
It was held by this court in Bogie v. Bogie, 41 Wis., 209, and again in Bresnahan v. Bresnahan, 46 Wis., 385, that a court of equity will freely rescind a conveyance by parents to a son in consideration of the covenant of the son to support and maintain them, in case the son fails to perform his covenant in that behalf. The rule rests upon principles so equitable and humane that it may well be hoped it will never be disturbed. It must control the decision of this case. If, therefore, the deed from the defendant Alcm-son Blake to his son, the plaintiff, contained the condition that the…
2Cases cited4 opinions
- Bogie v. BogieWisconsin Supreme Court · 1876
- Horner v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1875
- Bresnahan v. BresnahanWisconsin Supreme Court · 1879
- Bogie v. BogieWisconsin Supreme Court · 1874
3Cited by15 opinions
- Glocke v. GlockeWisconsin Supreme Court · 1902
- Martin v. MartinSupreme Court of Kansas · 1890
- Huffman v. RicketsIndiana Court of Appeals · 1916
- Gilchrist v. FoxenWisconsin Supreme Court · 1897
- Mott v. MottNew Jersey Court of Chancery · 1891
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