Legal Opinion

Wanner v. Wanner

Wisconsin Supreme Court

Decided September 23, 1902PublishedCited by 13 opinions

Appeal from a judgment of the circuit court for Shawano county: JohN GoodlaNd, Circuit Judge. The plaintiffs are husband and wife, and the defendant Herman is their son. In October, 1897, and for many years before that time, the plaintiff Benjamin owned and occupied as a homestead eighty acres of land in Shawano county.

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Appeal from a judgment of the circuit court for Shawano county: JohN GoodlaNd, Circuit Judge. The plaintiffs are husband and wife, and the defendant Herman is their son. In October, 1897, and for many years before that time, the plaintiff Benjamin owned and occupied as a homestead eighty acres of land in Shawano county. On the 23d of October, 1897, the plaintiffs, being somewhat advanced in years, made a warranty deed of their land to the-defendant Herman, and also transferred to him the farming implements and other personal property on the- farm, for a consideration expressed in the deed of…

1Opinion of the CourtWiNsnow, J.

This is one of a class of cases frequently happening, where aged parents have deeded their property to a son in consideration of future care and support, and have repented of their bargain. In such cases it has become the settled doctrine of this court that, when it appears that a substantial part of the consideration for the transfer was the agreement on the part of the son to render to the parent personal services and care, this agreement will be treated by a court of equity as a condition subsequent, and, if it be substantially broken through fault of the son, a reversion of title will…

2Cases cited1 opinion

  1. Glocke v. GlockeWisconsin Supreme Court · 1902

3Cited by13 opinions

  1. Polebitzke v. John Week Lumber Co.Wisconsin Supreme Court · 1914
  2. Western Lime & Cement Co. v. Copper River Land Co.Wisconsin Supreme Court · 1909
  3. Burgson v. JacobsonWisconsin Supreme Court · 1905
  4. Krahn v. GoodrichWisconsin Supreme Court · 1917
  5. Mash v. BloomWisconsin Supreme Court · 1907

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