Brunn v. Sohuett
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The case is thus stated by Mr. Justice Cassodat: “ The deceased [George Hahn] had seven children.
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APPEAL from the County Court of Milwaukee County. The case is thus stated by Mr. Justice Cassodat: “ The deceased [George Hahn] had seven children. To each of these he gave a portion of his property, May 2,1876. To his daughter, the defendant Garoline, he gave the 150 acres of land described in the complaint, and at the same time took back from her a note and mortgage executed by her and in favor of his daughter Salome for $1,500, as a part of the advancement then made to her. At the same time he gave his son Jacob 280 acres of land, and took back from him a note and mortgage for $2,500, also…
1Opinion of the CourtCassoday, J.
The court found that the note and mortgage of $1,500, executed by Caroline, and here sought to be foreclosed, had been released and discharged by her father during his life-time. By his will the testator left to Caroline a legacy of $2,000, and it is claimed that she is entitled to this amount, and that, in addition, the note and mortgage must be regarded as released.
Parol evidence was given on both sides, and some excluded. Prior to the statutes requiring wills of personal as well as real property to be in writing and formally executed, a very wide range was given, especially by the…
2Cases cited15 opinions
- Young v. . YoungNew York Court of Appeals · 1880
- Gerrish v. New Bedford Institution for SavingsMassachusetts Supreme Judicial Court · 1880
- Messer v. OestreichWisconsin Supreme Court · 1881
- St. Luke's Home v. . Ass'n for Indigent FemalesNew York Court of Appeals · 1873
- Blackler v. BoottMassachusetts Supreme Judicial Court · 1873
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3Cited by9 opinions
- Crook v. First National Bank of BarabooWisconsin Supreme Court · 1892
- Henschel v. MaurerWisconsin Supreme Court · 1887
- O'Toole v. Empire Motors, Inc.Washington Supreme Court · 1935
- First Wisconsin Trust Co. v. ChakourasWisconsin Supreme Court · 1924
- McIlhattan v. KolmanWisconsin Supreme Court · 1929
4 more not listed; retrieve them via the Exa API.