Legal Opinion

Knutson v. Bostrak

Wisconsin Supreme Court

Decided May 3, 1898PublishedCited by 8 opinions

Appeal from a judgment of the circuit court for Dane county: K. GL Siebeoeer, Circuit Judge. This action was brought to set aside and rescind a conveyance of certain real estate, a bill of sale of personal property, and the agreement under which they were executed, between the said plaintiffs and the defendant, their son, Knut J. Bostrak.

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Appeal from a judgment of the circuit court for Dane county: K. GL Siebeoeer, Circuit Judge. This action was brought to set aside and rescind a conveyance of certain real estate, a bill of sale of personal property, and the agreement under which they were executed, between the said plaintiffs and the defendant, their son, Knut J. Bostrak. There was a finding and judgment in the circuit court against the plaintiffs, upon which judgment was given against them denying the relief claimed, from which they appealed. The complaint stated, in substance, that the plaintiff John Knutson, December 8,…

1Opinion of the CourtPinney, J.

Considerable evidence was produced at the trial showing the relations existing between the parties, and .how completely the family arrangement into which they *482bad entered with the best of intentions bad miscarried and substantially failed to accomplish its purpose. There is no reason, we think, to suppose that the parties, with mutual accord, will again attempt to carry out its provisions. The pleadings and evidence, in our judgment, show abundant ground for rescinding the agreement and the deed of conveyance and bill of sale executed under it, and for restoring the parties, as near as may…

2Cases cited4 opinions

  1. Bogie v. BogieWisconsin Supreme Court · 1876
  2. Delong v. DelongWisconsin Supreme Court · 1883
  3. Beckman v. BeckmanWisconsin Supreme Court · 1894
  4. Jenkins v. SchaubWisconsin Supreme Court · 1861

3Cited by8 opinions

  1. Glocke v. GlockeWisconsin Supreme Court · 1902
  2. First Nat. Bank v. McIntoshSupreme Court of Alabama · 1918
  3. Stebbins v. PettyIllinois Supreme Court · 1904
  4. Empress Theatre Co. v. HortonCourt of Appeals for the Eighth Circuit · 1920
  5. Van Sickle v. KeckNew Mexico Supreme Court · 1938

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