Rogers v. Rogers
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Racine County. Action to establish plaintiff’s title to certain lands, and to compel a redelivery to him of a certain deed of said lands, etc. The defendant is over eighty years of age, and is the father of the plaintiff. They were both residing upon the premises in question during the time referred to in the complaint. The son .had a family, and was keeping house, and the father was living with him. The title,of the land was in the father.
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APPEAL from tbe Circuit Court for Racine County. Action to establish plaintiff’s title to certain lands, and to compel a redelivery to him of a certain deed of said lands, etc. The defendant is over eighty years of age, and is the father of the plaintiff. They were both residing upon the premises in question during the time referred to in the complaint. The son .had a family, and was keeping house, and the father was living with him. The title,of the land was in the father. Some time prior to 1878, the father executed a regular warranty deed of the premises, running to the son, and.made…
1Opinion of the CourtCassoday, J.
If the father did not intend that the deed should take effect, he should have kept it himself or placed it in the hands of a stranger, and not have delivered it to his son, the grantee. Lowber v. Connit, 36 Wis., 176.
In Hinchliff v. Hinman, 18 Wis., 130, it was held that “, where one has executed a deed of land, and delivered it to the grantee with intent to pass the estate, the legal effect of such delivery will not be altered by the fact that both parties supposed that the deed would not take effect until recorded, and might be revoked at any time before record.” To the same effect is Bogie…
2Cases cited7 opinions
- Parker v. KaneWisconsin Supreme Court · 1856
- Lowber v. ConnitWisconsin Supreme Court · 1874
- Bogie v. BogieWisconsin Supreme Court · 1874
- Wilke v. WilkeWisconsin Supreme Court · 1871
- Hinchliff v. HinmanWisconsin Supreme Court · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
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- Albright v. AlbrightWisconsin Supreme Court · 1888
- EA Coronis Assocs. v. M. Gordon Constr. Co.New Jersey Superior Court Appellate Division · 1966
- Adams v. Jersey Central Power & Light Co.New Jersey Superior Court Appellate Division · 1955
- Capece v. Allstate Ins.New Jersey Superior Court Appellate Division · 1965
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