Duncan v. Duncan
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Grant county: Geo. ClemeittsoN, Circuit Judge. Plaintiff, James Dunocm, brought action in ejectment for the south half of a certain quarter section, alleging life estate in himself and withholding of possession by the defendant, David Dv/ncan., Tbe answer denied the allegations of tbe complaint, and set up by way of counterclaim that plaintiff’s title depended upon tbe will of Esther Duncan, tbe mother of both plaintiff and…
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Appeal from a judgment of the circuit court for Grant county: Geo. ClemeittsoN, Circuit Judge. Plaintiff, James Dunocm, brought action in ejectment for the south half of a certain quarter section, alleging life estate in himself and withholding of possession by the defendant, David Dv/ncan., Tbe answer denied the allegations of tbe complaint, and set up by way of counterclaim that plaintiff’s title depended upon tbe will of Esther Duncan, tbe mother of both plaintiff and defendant, duly probated, by which an ostensible estate for life was given to James Duncan, but that its execution in that…
1Opinion of the CourtDodge, J.
Substantially the only question disputed in the evidence was whether the life estate of the entire quarter section, of which the south half was claimed to be wrongfully withheld by defendant, was devised to the plaintiff under such circumstances that his refusal to recognize defendant’s undivided interest therein so constituted a fraud as to justify a court of equity in charging him with the trust. After-the trial the court filed a written opinion, which he indorses “Decision.” This was followed by formal findings, which are recited in the judgment as “ the findings of the court.” Those…
2Cases cited4 opinions
- Brook v. ChappellWisconsin Supreme Court · 1874
- Fairchild v. RasdallWisconsin Supreme Court · 1859
- Cutler v. BabcockWisconsin Supreme Court · 1892
- Krouskop v. KrouskopWisconsin Supreme Court · 1897
3Cited by14 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Hill v. American Surety Co.Wisconsin Supreme Court · 1902
- Pabst Brewing Co. v. Milwaukee Lithographing Co.Wisconsin Supreme Court · 1914
- Grimh v. Western Fire InsuranceWisconsin Supreme Court · 1958
- Schmoldt v. LoperWisconsin Supreme Court · 1921
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