Dailey v. Kastell
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Washington County. This action was brought to set aside and cancel certain conveyances of land. It appears from the pleadings and evidence that in 1876 the plaintiff, Wanoy Dailey, who was then between seventy-five and eighty years of age, owned and resided upon forty acres of land in Washington county. Two of her children resided with her. These were Jane, then about thirty-five years of age and unmarried, and John, ■who was imbecile.
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APPEAL from tlie Circuit Court for Washington County. This action was brought to set aside and cancel certain conveyances of land. It appears from the pleadings and evidence that in 1876 the plaintiff, Wanoy Dailey, who was then between seventy-five and eighty years of age, owned and resided upon forty acres of land in Washington county. Two of her children resided with her. These were Jane, then about thirty-five years of age and unmarried, and John, ■who was imbecile. During that year she procured one Seabold to draw a conveyance of her land to Jane. The consideration expressed therein is…
1Opinion of the CourtLyoN, J.
It was said by the present chief justice, in Leonard v. Barnum, 34 Wis., 105, that “ the rule is familiar and almost axiomatic that where parties occupy with respect to each other peculiar relations in which confidence is necessarily x-eposed by one party, and influence is acquired by the other, all transactions and dealings between them are watched by courts of equity with more than ordinary jealousy to see that such confidence is not betrayed.” And again: “An agreement, to be valid, must be freely entered into by the parties and there must be no concealment of material facts, and no…
2Cases cited3 opinions
- Bogie v. BogieWisconsin Supreme Court · 1876
- Bresnahan v. BresnahanWisconsin Supreme Court · 1879
- Leonard v. BarnumWisconsin Supreme Court · 1874
3Cited by7 opinions
- Brugman v. BrugmanNebraska Supreme Court · 1913
- Donnelly v. MannSupreme Court of Florida · 1953
- Giles v. HodgeWisconsin Supreme Court · 1889
- Juneau County State Bank v. State Bank of MaustonWisconsin Supreme Court · 1923
- Ralston v. TurpinU.S. Circuit Court for the Southern District of Georgia · 1885
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