Weight v. Jackson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ch'awford County. The plaintiff is the son and only heir at law of Charles Wright, late of the city of Prairie du Chien, who died in August, I860, intestate. April 23, 1864, Charles Wright executed to the defendant (his brother-in-law) a conveyance of a certain house and lot, and another conveyance of his interest-being an undivided half — in four other lots, all in that city.
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APPEAL from the Circuit Court for Ch'awford County. The plaintiff is the son and only heir at law of Charles Wright, late of the city of Prairie du Chien, who died in August, I860, intestate. April 23, 1864, Charles Wright executed to the defendant (his brother-in-law) a conveyance of a certain house and lot, and another conveyance of his interest-being an undivided half — in four other lots, all in that city. The first deed expresses a consideration of $2,100, and the other of $400. The plaintiff was then about eight years of age. Soon after he reached the age of twenty-one years, the…
1Opinion of the CourtLyon, J.
The controlling question to be determined is, Was Charles Wright of sound mind when he executed to the defendant the conveyances of April 23, 1864, which the plaintiff, his heir at law, seeks by this action to set aside? that is to say, Had he sufficient mental ability to know what he was doing and the nature of the act done? Burnham v. Mitchell, 34 Wis., 117, and cases cited.
It appears that as early as 1841, Mr. Wright, then a resident of the state of New York, became insane. The only information the record gives us of the particular type of his insanity is that he was in a state of great…
2Cases cited4 opinions
- In re the Probate of the Will of JackmanWisconsin Supreme Court · 1870
- Burnham v. MitchellWisconsin Supreme Court · 1874
- Chapin Will CaseWisconsin Supreme Court · 1873
- Ripley v. BabcockWisconsin Supreme Court · 1861
3Cited by14 opinions
- Commonwealth Ex Rel. Smith v. AsheSupreme Court of Pennsylvania · 1950
- Davis v. DeanWisconsin Supreme Court · 1886
- In re Valentine's WillWisconsin Supreme Court · 1896
- Nowlen v. NowlenSupreme Court of Iowa · 1904
- Hawley v. GriffinSupreme Court of Iowa · 1903
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