Van Osdell v. Champion
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for La Fay-ette county: Geo. OlemestsoN, Circuit Judge. An action was brought for the partition of certain lands, against Charles 33. Champion, who claimed an undivided fifth interest in the same under the residuary clause of the will of his mother, Elizabeth Champion, and against various others interested in said premises, claiming under the will and as incumbrancers.
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Appeal from a judgment of tbe circuit court for La Fay-ette county: Geo. OlemestsoN, Circuit Judge. An action was brought for the partition of certain lands, against Charles 33. Champion, who claimed an undivided fifth interest in the same under the residuary clause of the will of his mother, Elizabeth Champion, and against various others interested in said premises, claiming under the will and as incumbrancers. The premises were sold under the judgment in the partition suit, and the proceeds of the interest of said Charles 33. Champion therein paid into court, amounting to $2,116.17; and…
1Opinion of the CourtPiNNEr, J.
1. It is laid down as a general rule that “ a •condition, annexed to a conveyance in fee or by devise, that the purchaser or devisee should not alien, is unlawful and void. . . . If the grant be upon the condition that the grantee shall not commit waste, or not take the profits, or his wife not have her dower, or the husband his curtesy, the condition is repugnant and void, for these rights are inseparable from the estate in fee.” “ Conditions are not sustained when they are repugnant to the estate granted, or infringe upon the essential enjoyment and independent rights of property, and tend…
2Cases cited4 opinions
- Broadway National Bank v. AdamsMassachusetts Supreme Judicial Court · 1882
- McCormick Harvesting Machine Co. v. GatesSupreme Court of Iowa · 1888
- Foster v. FosterMassachusetts Supreme Judicial Court · 1882
- Haight v. HallWisconsin Supreme Court · 1889
3Cited by6 opinions
- Danforth v. City of OshkoshWisconsin Supreme Court · 1903
- Lowell v. LowellArizona Supreme Court · 1925
- Zillmer v. LandguthWisconsin Supreme Court · 1896
- Ogle v. BurmisterSupreme Court of Iowa · 1910
- Larson v. SabbyWisconsin Supreme Court · 1933
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