Vance v. Davis
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Vernon county: J. J. Feuit, Circuit Judge. Action to set aside a deed executed and delivered by one Susan Vance to tbe defendant, ber daughter, Mary Jane Davis, a few days before tbe death of said grantor, on November 20, 1901. Tbe plaintiffs are the son and tbe children of tbe deceased daughter of said grantor.
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Appeal from a judgment of tbe circuit court for Vernon county: J. J. Feuit, Circuit Judge. Action to set aside a deed executed and delivered by one Susan Vance to tbe defendant, ber daughter, Mary Jane Davis, a few days before tbe death of said grantor, on November 20, 1901. Tbe plaintiffs are the son and tbe children of tbe deceased daughter of said grantor. The premises consist of tbe 170-acre farm of tbe mother, upon which she bad lived since the death of her husband in January, 1885;'the same having first descended to his heirs at law, and been by bis three children quitclaimed to their…
1Opinion of the CourtDodge, J.
The judgment rendered by the trial court was based upon two positions very definitely declared in an opinion filed and in the formal findings. Those were, first, that conveyance of the whole farm to the defendant, to the exclusion of the son and grandchildren of the grantor, was inequitable, and that it was the duty of a court of equity to prevent its having effect; secondly, that the situation was such as to raise presumption of fraud and undue influence, and require defendant to. disprove it. The specific findings of fact are, of course, to be read in the light of these preliminary…
2Cases cited16 opinions
- Conley v. NailorSupreme Court of the United States · 1886
- In re the Probate of the Will of JackmanWisconsin Supreme Court · 1870
- Cole v. GetzingerWisconsin Supreme Court · 1897
- Davis v. DeanWisconsin Supreme Court · 1886
- Small v. ChampenyWisconsin Supreme Court · 1899
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Patterson v. JensenWisconsin Supreme Court · 1944
- Will of Ball v. BostonWisconsin Supreme Court · 1913
- Schaefer v. ZiebellWisconsin Supreme Court · 1932
- Boardman v. LorentzenWisconsin Supreme Court · 1914
- Armstrong v. MorrowWisconsin Supreme Court · 1917
14 more not listed; retrieve them via the Exa API.