Riley v. Riley
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygan County. Action to set aside and cancel a conveyance of certain real estate on account of the age and incapacity of plaintiffs at the time of executing it, and alleged fraud on the part of defendant in procuring it to be executed. The complaint is set forth in the opinion.
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APPEAL from the Circuit Court for Sheboygan County. Action to set aside and cancel a conveyance of certain real estate on account of the age and incapacity of plaintiffs at the time of executing it, and alleged fraud on the part of defendant in procuring it to be executed. The complaint is set forth in the opinion. The answer admitted plaintiffs’ ownership of the premises as alleged; that plaintiffs executed the conveyance in question, which was a warranty deed to the defendant Matthew Riley, and that he intended to use it for his own benefit. All other allegations of the complaint were…
1Opinion of the CourtDixon, C. J.
This is a case of a kind which rarely finds its *374way into this court, and is a proper one for the application of the rule that where the complaint states no facts constituting a cause of action, and the defendant objected to the receiving of any evidence under it on that ground, the judgment, if for the plaintiff, will on appeal be reversed by this court. Such is the rule recognized in Bowman v. Van Kuren, 29 Wis., 209, 215, and settled by the decisions of this court in Smith v. Whitney, 22 Wis., 438, and Smith v. Weage, 21 id., 440. See alsenote in 5 Wis., new edition, Appendix, p. 629, and…
2Cases cited3 opinions
- Bowman v. Van KurenWisconsin Supreme Court · 1871
- Smith v. WhitneyWisconsin Supreme Court · 1868
- Keystone Lumber Co. v. First National Bank of AshlandWisconsin Supreme Court · 1891
3Cited by10 opinions
- Laun v. KippWisconsin Supreme Court · 1914
- Donkle v. MilemWisconsin Supreme Court · 1894
- Forest County v. ShawWisconsin Supreme Court · 1912
- Woteshek v. NeumanWisconsin Supreme Court · 1912
- Herman v. City of OcontoWisconsin Supreme Court · 1898
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