Legal Opinion

Keller v. Keller

Wisconsin Supreme Court

Decided October 20, 1891PublishedCited by 1 opinion

APPEAL from tbe Circuit Court for Dane County. The facts are sufficiently stated in the opinion. They contended, inter alia, that extrinsic evidence was admissible in order to place the court in the position of the parties at the time of the making of the deed, thus enabling it to identify the premises thereby conveyed, citing, besides cases cited by the court, JPrieger v. Exchange Mut. Ins.

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APPEAL from tbe Circuit Court for Dane County. The facts are sufficiently stated in the opinion. They contended, inter alia, that extrinsic evidence was admissible in order to place the court in the position of the parties at the time of the making of the deed, thus enabling it to identify the premises thereby conveyed, citing, besides cases cited by the court, JPrieger v. Exchange Mut. Ins. Co. 6 Wis. 89; Cansón v. Madigan, 15 id. 144; Morgan v. Burrows, 45 id. 211; McMillan ,v. Wehle, 55 id. 685, 695; Bybee v. LLogeman, 66 Ill. 519. The deed was not absolutely void for uncertainty of…

1Opinion of the CourtOetoN, J.

Tbe complaint is in substance as follows: Tbe plaintiff is tbe owner in fee and in actual possession of all that part of tbe N. E. J of tbe N. W. ¿ of section 22, Dane county, Wis., lying' north and west of tbe highway leading to tbe Scotch settlement on Sugar river, except that portion thereof conveyed to the Chicago & Tomab Railway Company by two deeds,— one dated August 31, 1880, recorded September 6, 1880, in Yolume 114 of Deeds, on page 9, in the office of tbe register of deeds of Dane county, 'Wis.; and tbe other dated July 19, 1880, recorded August 9, 1880, in Yolume 112 of Deeds, on…

2Cases cited10 opinions

  1. Messer v. OestreichWisconsin Supreme Court · 1881
  2. Hart v. SmithWisconsin Supreme Court · 1878
  3. Whitney v. RobinsonWisconsin Supreme Court · 1881
  4. Atwater v. SchenckWisconsin Supreme Court · 1859
  5. Hanson v. MichelsonWisconsin Supreme Court · 1865

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3Cited by1 opinion

  1. Aetna Life Insurance v. PennOhio Superior Court, Cincinnati · 1907

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