Danielson v. Danielson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Juneau county: James O’Neill, Circuit Judge. This action was brought to cancel a deed, contract, and mortgage on the ground of alleged breach of condition subsequent to support the plaintiff Ingimond Danielson and his wife," and to quiet title in the grantors and their heirs. There is nothing in the deed, contract, or mortgage providing for revesting of title or re-entry.
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Appeal from a judgment of the circuit court for Juneau county: James O’Neill, Circuit Judge. This action was brought to cancel a deed, contract, and mortgage on the ground of alleged breach of condition subsequent to support the plaintiff Ingimond Danielson and his wife," and to quiet title in the grantors and their heirs. There is nothing in the deed, contract, or mortgage providing for revesting of title or re-entry. The court below found that the plaintiff Ingimond Daniel-son was the owner of forty acres, and Dora Danielson, his' wife, in her lifetime was the owner of eighty acres of the…
1Opinion of the CourtKerwin, J.
There is practically no dispute upon the facts. The errors assigned are upon refusal to find conclusions of law proposed by appellants and in the conclusions of law made upon the facts found. The contention relates to the remedy.
It is apparent from the record that the court below was in doubt as to what relief should be granted upon the established facts, but finally, after much consideration, concluded to order foreclosure of the mortgage in lieu of ordering judgment canceling the deed, contract, and mortgage and restoring the title to the property to the original grantors and thmr heirs.
*176The…
2Cases cited14 opinions
- Glocke v. GlockeWisconsin Supreme Court · 1902
- Bogie v. BogieWisconsin Supreme Court · 1876
- Maginnis v. Knickerbocker Ice Co.Wisconsin Supreme Court · 1901
- Marvel v. PhillipsMassachusetts Supreme Judicial Court · 1894
- Brenger v. BrengerWisconsin Supreme Court · 1910
9 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Knutson v. AndersonWisconsin Supreme Court · 1934
- Scholl v. MuscovitzWisconsin Supreme Court · 1919
- Kuchera v. KucheraWisconsin Supreme Court · 1920