Cole v. Getzinger
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Jefferson ■county: JoiiN R. BeNNett, Circuit Judge. This action was brought to set aside a deed of conveyance •of a certain farm, containing about seventy-five acres, in the town of Herman, Dodge county, made by Ira S. B. Cole, November 22, 1892, to the defendant Alice Farmer, on the .ground that it was procured through fraud, undue influence, and want of capacity of the grantor.
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Appeal from a judgment of the circuit court for Jefferson ■county: JoiiN R. BeNNett, Circuit Judge. This action was brought to set aside a deed of conveyance •of a certain farm, containing about seventy-five acres, in the town of Herman, Dodge county, made by Ira S. B. Cole, November 22, 1892, to the defendant Alice Farmer, on the .ground that it was procured through fraud, undue influence, and want of capacity of the grantor. On the 29th of the same month, Alice Farmer conveyed the same premises to ■the defendant Peter Getzinger. At this time the grantor, Ira S. E. Cole, was living with the…
1Opinion of the Court
The following opinion was filed April 30, 1897:
Pinney, J.
1. The facts, as disclosed by the evidence, have been stated so fully that but little comment is necessary. The deed of conveyance from Ira S. B. Cole to Alice Farmer of his farm of about seventy-five acres was procured from him presumptively by fraud and iindue influence, practiced by the defendants Cassius M. Moody, Betsey C. Moody, his wife, and Roberts. The consideration for the deed was largely inadequate. The lands, found by the court worth $65 per acre, were sold for $40 per acre, and the si^m of $4,200, paid for the farm within…
2Cases cited14 opinions
- Cowee v. . CornellNew York Court of Appeals · 1878
- Allore v. JewellSupreme Court of the United States · 1877
- Wheeler v. SmithSupreme Court of the United States · 1850
- Jackson ex. rel. Cadwell v. KingNew York Supreme Court · 1825
- Davis v. DeanWisconsin Supreme Court · 1886
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3Cited by42 opinions
- Curtis v. ArmagastSupreme Court of Iowa · 1912
- Patterson v. JensenWisconsin Supreme Court · 1944
- Small v. ChampenyWisconsin Supreme Court · 1899
- Smith v. SmithMassachusetts Supreme Judicial Court · 1915
- Gates v. PaulWisconsin Supreme Court · 1903
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