Hinchliff v. Hinman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bodge. County. Action to reform a deed. The complaint alleges that in November, 1857, the plaintiff, and his brother Hinchliff Hinch-liff, and their father, William Hinchliff, since deceased, entered into an agreement by which said William agreed to convey to the plaintiff and his said brother, to be held by them in common, certain real property in Dodge county, to wit, the south-west quarter of the south-west quarter, and the southeast…
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APPEAL from the Circuit Court for Bodge. County. Action to reform a deed. The complaint alleges that in November, 1857, the plaintiff, and his brother Hinchliff Hinch-liff, and their father, William Hinchliff, since deceased, entered into an agreement by which said William agreed to convey to the plaintiff and his said brother, to be held by them in common, certain real property in Dodge county, to wit, the south-west quarter of the south-west quarter, and the southeast quarter of the south-west quarter, of S. 12, T. 10 N., R. 13 E. (the title to which was then in him), and the consideration…
1Opinion of the Court
By the Court,
Cole, J.
We will notice such exceptions as we deem material in this case, in the order in which they arise upon the record and were discussed by counsel.
First, it is insisted that the deed given by William Hinch-liff — the reformation or correction of which is the object of this suit — was improperly admitted in evidence, its due execution not having been proven by the subscribing witnesses. The deed, however, was attested by two witnesses, and acknowledged before a magistrate, and was executed with all the formalities of law essential to entitle it to be recorded. Our statute…
2Cited by7 opinions
- Rogers v. RogersWisconsin Supreme Court · 1881
- Dyer v. SkadanMichigan Supreme Court · 1901
- Old National Bank v. FindleyIndiana Supreme Court · 1892
- Darling v. ButlerU.S. Circuit Court for the District of Southern New York · 1891
- Brown v. HartmanNebraska Supreme Court · 1899
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