Cumps v. Kiyo
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: S. D. HastiNgs, Je., Circuit Judge. Action of ejectment. Defendants, who are husband and wife, occupied tbe disputed premises as a homestead during all the times hereinafter mentioned.
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Appeal from a judgment of the circuit court for Brown county: S. D. HastiNgs, Je., Circuit Judge. Action of ejectment. Defendants, who are husband and wife, occupied tbe disputed premises as a homestead during all the times hereinafter mentioned. They conveyed such premises by deed, absolute on its face, to one Dieterville to secure a loan of $125 and interest thereon, payable in one year, taking back a land contract in the ordinary form, specifying the purchase price as $125, payable in one year with interest. Before the debt became due, defendant Denis Kiyo, his wife consenting, agreed to…
1Opinion of the CourtMaeshall, J.
The points relied upon by appellant for reversal of the judgment are as follows: (1) Dieterville held the legal title to the land; therefore, though the purpose of the conveyance to him was to secure the payment of the-debt owing by the grantor to him, he could convey the legal title to the premises to another by the direction of Kvyo;-(2) when the debt to Dieterville was paid, Kiyo was entitled to a conveyance back of the property, hence could legally authorize its conveyance to a third person; (3) plaintiff dealt-with Kiyo as the equitable owner without notice of the precise title held by…
2Cases cited9 opinions
- Brinkman v. JonesWisconsin Supreme Court · 1878
- Ferguson v. MasonWisconsin Supreme Court · 1884
- Godfrey v. ThorntonWisconsin Supreme Court · 1879
- Phelan v. FitzpatrickWisconsin Supreme Court · 1893
- Spencer v. FredendallWisconsin Supreme Court · 1862
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Glinski v. SheldonWisconsin Supreme Court · 1979
- Smith v. PflugerWisconsin Supreme Court · 1905
- Helgebye v. DammenNorth Dakota Supreme Court · 1904
- Beranek v. BeranekWisconsin Supreme Court · 1902
- Minnesota Stoneware Co. v. McCrossenWisconsin Supreme Court · 1901
22 more not listed; retrieve them via the Exa API.