Harlow v. Kingston
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Calumet county: Geo. W. Burnell, Circuit Judge. This action was brought by plaintiff to cancel and annul a deed made by him to defendants, by which he conveyed to defendants his interest in certain property.
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Appeal from a judgment of the circuit court for Calumet county: Geo. W. Burnell, Circuit Judge. This action was brought by plaintiff to cancel and annul a deed made by him to defendants, by which he conveyed to defendants his interest in certain property. Timothy Harlow, father of the plaintiff, died intestate in September, 1910. At the time of his death he was possessed of eighty acres of land in the town of Rantoul, Calumet county, on which he resided, also eighty acres of land in Oconto county. He was survived by his widow and nine children, of whom plaintiff is one. By the final order of…
1Opinion of the CourtSiebecker, J.
This is an action in equity for the rescission of a deed on the ground that plaintiff at the time he executed the deed was legally incapacitated to make it. The incapacity of plaintiff is found by the.circuit court to have been due to a prolonged debauch from intoxication immediately preceding the day of the sale of his property to the defendant, and that by reason thereof his mind at the time of the sale was so dominated by a consuming thirst for liquor that it did not act normally and that he did not appreciate what he was doing. The significance the court gave to this finding in the light…
2Cases cited6 opinions
- Swan v. TalbotCalifornia Supreme Court · 1907
- Burnham v. BurnhamWisconsin Supreme Court · 1903
- Drefahl v. Security Savings BankSupreme Court of Iowa · 1906
- J. I. Case Threshing Machine Co. v. MeyersNebraska Supreme Court · 1907
- Moetzel v. KochSupreme Court of Iowa · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Zimmerman v. LooseSupreme Court of Colorado · 1967
- Hauer v. Union State Bank of WautomaCourt of Appeals of Wisconsin · 1995
- Medeiros v. MedeirosHawaii Supreme Court · 1954
- Tindel v. WilliamsSupreme Court of Oklahoma · 1940