Morgan v. Loomis
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond d/u, Lao County. Action to set aside a conveyance of land from the plaintiff to one George R. Loomis, deceased. The defendants are a daughter of said George R. Loomis, and the husband and children of a second daughter, who survived her father but died before the commencement of the action..
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APPEAL from the Circuit Court for Fond d/u, Lao County. Action to set aside a conveyance of land from the plaintiff to one George R. Loomis, deceased. The defendants are a daughter of said George R. Loomis, and the husband and children of a second daughter, who survived her father but died before the commencement of the action.. The following statement of the case was prepared by Mr. Justice Oas-soday : December 21, 1882, the plaintiff, being a widow fifty-nine years of age and the owner of forty acres of land described, executed and delivered to her nephew, George R. Loomis, a warranty deed…
1Opinion of the Court
Cassoday, J.. The deed from the plaintiff to George R. Loomis and the agreement back were parts of one transaction, executed at the same time, and must therefore be construed together, as constituting one paper in law, for the purpose of determining the character of the transaction and the intention of the parties. Bogie v. Bogie, 41 Wis. 209. Being one paper in law, they must either stand or fall together in law. Newbegin v. Langley, 63 Am. Dec. 612. The deed recites a consideration of $200, but it is conceded, and the court in effect finds, that there was no consideration therefor except…
2Cases cited9 opinions
- Bogie v. BogieWisconsin Supreme Court · 1876
- Martin v. MartinSupreme Court of Kansas · 1890
- Bresnahan v. BresnahanWisconsin Supreme Court · 1879
- Delong v. DelongWisconsin Supreme Court · 1883
- Blake v. BlakeWisconsin Supreme Court · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In Re Waterson, Berlin & Snyder Co.Court of Appeals for the Second Circuit · 1931
- Gilchrist v. FoxenWisconsin Supreme Court · 1897
- Beckman v. BeckmanWisconsin Supreme Court · 1894
- Van Sickle v. KeckNew Mexico Supreme Court · 1938
- Security Trust & Life Insurance v. EllsworthWisconsin Supreme Court · 1906
8 more not listed; retrieve them via the Exa API.