Smith v. Smith
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Action by Uriel B. Smith against Miranda A. Snith, to have plaintiff adjudged to be the owner in fee simple of certain real estate, free from all claim of title on the part of the defendant. Both parties claimed under a deed which grants the land to them, “ their heirs and assigns forever,” and which then, after a description of the land, contains the language quoted in the opinion.
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APPEAL from the County Court of Milwaukee County. Action by Uriel B. Smith against Miranda A. Snith, to have plaintiff adjudged to be the owner in fee simple of certain real estate, free from all claim of title on the part of the defendant. Both parties claimed under a deed which grants the land to them, “ their heirs and assigns forever,” and which then, after a description of the land, contains the language quoted in the opinion. The habendum clause is, “ to have and to hold the said premises, with the hereditaments and appurtenances, unto the said parties of the second part, and to their…
1Opinion of the CourtCole, J.
1. What effect must be given to the deed referred to in the complaint ? It is a deed from Cox and wife, as parties of the first part, to the defendant, party of the second part together with the plaintiff, upon the conditions thereinafter mentioned. After the description of the land conveyed, occurs the following clause, which creates the difficulty in determining the nature and quality of the estate granted : “ This indenture is made to the aforesaid Miranda A. Smith on condition that she shall continue to live with the aforesaid Uriel B. Smith, her husband (unless she shall hereafter have…
2Cases cited1 opinion
- Hotchkiss v. EltingNew York Supreme Court · 1861
3Cited by5 opinions
- Abbott v. AbbottIllinois Supreme Court · 1901
- Borst v. SimpsonSupreme Court of Alabama · 1890
- Wallace v. St. JohnWisconsin Supreme Court · 1903
- Storke v. Penn Mutual Life InsuranceIllinois Supreme Court · 1945
- Price v. RugglesWisconsin Supreme Court · 1943