Tweeddale v. Tweeddale
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Kewaunee county: Michael XibwaN, Circuit Judge. Action to foreclose a mortgage. Tbe facts admitted by tbe pleadings and found by tbe court are as follows: October 21, 1896, Mary Tweeddale owned certain land constituting ber homestead. She conveyed the same to her son, the defendant, Daniel Tweeddale, taking therefor a bond for her support: Said parties thereafter united in conveying the land to one Perry.
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Appeal from a judgment of tbe circuit court for Kewaunee county: Michael XibwaN, Circuit Judge. Action to foreclose a mortgage. Tbe facts admitted by tbe pleadings and found by tbe court are as follows: October 21, 1896, Mary Tweeddale owned certain land constituting ber homestead. She conveyed the same to her son, the defendant, Daniel Tweeddale, taking therefor a bond for her support: Said parties thereafter united in conveying the land to one Perry. In consideration therefor, in part, he conveyed the land covered by the mortgage in suit, to Mr. Tiueedddle: Such land was then incumbered by…
1Opinion of the CourtMaeshall, J.
Tbe agreement by Daniel Tweeddale to pay plaintiff $100 and bis sister $50, as part of tbe consideration for tbe property which came to him from bis mother, stands upon tbe same footing as any promise made by one person to another, for a consideration, for tbe benefit of a third person. As soon as tbe title to tbe land was vested in Daniel Tweeddale and tbe bond and mortgage were delivered to his mother, be became obligated to pay to them that part of the consideration for tbe land represented by tbe sums secured to bis brother and sister, if the principle controls that a grantor of land…
2Cases cited19 opinions
- Dean v. WalkerIllinois Supreme Court · 1882
- Bay v. WilliamsIllinois Supreme Court · 1884
- Putney v. FarnhamWisconsin Supreme Court · 1870
- Davis v. CallowayIndiana Supreme Court · 1868
- Durham v. BischofIndiana Supreme Court · 1874
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3Cited by91 opinions
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- Finkelberg v. Continental Casualty Co.Washington Supreme Court · 1923
- Fanning v. MurphyWisconsin Supreme Court · 1906
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