Read v. Sang
Wisconsin Supreme Court
APPEAL from tire Circuit Court for Fond du Lac County. The complaint avers that, on &c., plaintiffs, who then were and still are husband and wife, bargained with defendant for certain described lands in Iowa to be conveyed by him to the plaintiff Ghauncey Read, and also to borrow of defendant $100, for which they were to execute to him their note ; that defendant falsely and fraudulently represented himself to plaintiffs as the owner of said lands, &c., &c.; that, confiding…
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APPEAL from tire Circuit Court for Fond du Lac County. The complaint avers that, on &c., plaintiffs, who then were and still are husband and wife, bargained with defendant for certain described lands in Iowa to be conveyed by him to the plaintiff Ghauncey Read, and also to borrow of defendant $100, for which they were to execute to him their note ; that defendant falsely and fraudulently represented himself to plaintiffs as the owner of said lands, &c., &c.; that, confiding in the truth of such representations, plaintiffs agreed to convey to him therefor their homestead, consisting of certain…
1Opinion of the CourtDixon, C. J.
The complaint clearly states a cause of action in which the husband alone is interested. The deed of' the lands in Iowa, conveyed or agreed to be conveyed by the defendant, was made to the husband ; and from all that is alleged concerning the title to the homestead of the plaintiffs in the county of Pond du Lac, the inference must be that it was -in the husband, and that the wife joined in the conveyance to the defendant because it was the homestead and the husband could not otherwise transfer it. If the wife had title to the whole or any part of the homestead, or any separate estate or…
2Cases cited1 opinion
- Duress v. HornefferWisconsin Supreme Court · 1862
3Cited by5 opinions
- Godfrey v. ThorntonWisconsin Supreme Court · 1879
- Prochnow v. Northwestern Iron Co.Wisconsin Supreme Court · 1914
- Weston v. WestonWisconsin Supreme Court · 1879
- Kucera v. KuceraWisconsin Supreme Court · 1893
- Hand v. HesletMontana Supreme Court · 1927