Legal Opinion

Kluender v. Fenske

Wisconsin Supreme Court

Decided October 18, 1881PublishedCited by 7 opinions

APPEAL from the Circuit Court for Milwaukee County. The plaintiff Louisa is the widow, and the plaintiff William, is the son, of Christian Kluender, who died August 15, 1871; and they claim title to certain premises here in question as widow and heir-at-law of said deceased.

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APPEAL from the Circuit Court for Milwaukee County. The plaintiff Louisa is the widow, and the plaintiff William, is the son, of Christian Kluender, who died August 15, 1871; and they claim title to certain premises here in question as widow and heir-at-law of said deceased. The defendant Louise is a married woman, and the daughter of the plaintiff Louisa by a former husband by the name of “Weiss or Weiss-fuss; and she claims title to the same premises as devisee of her brother, Ernst Weissfuss, who died February 27, 1870, leaving a will, which was admitted to probate May 11, 1870. It appears…

1Opinion of the CourtCassoday, J.

Section 7, ch.- 84, R. S. 1858, provided, as section 2077, R. S., now does, that “ when a grant for a valuable consideration shall be made to one person, and the consideration therefor shall be paid by another, no use or trust shall result in favor of the person by whom such payment is made; but the title shall vest in the person named as the alienee in such conveyance, subject only to the provisions of the next section.” That section was copied from section 7, ch. 57, R. S. 1849. The purpose of the section is manifest from the “ next sectiontherein referred to, which made such conveyance…

2Cases cited8 opinions

  1. Day v. . RothNew York Court of Appeals · 1858
  2. Lounsbury v. . PurdyNew York Court of Appeals · 1859
  3. Garfield v. . HatmakerNew York Court of Appeals · 1857
  4. Wood v. . RobinsonNew York Court of Appeals · 1860
  5. McCartney v. . BostwickNew York Court of Appeals · 1865

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Wisdom v. WisdomWisconsin Supreme Court · 1914
  2. Perkinson v. ClarkeWisconsin Supreme Court · 1908
  3. Davenport v. StephensWisconsin Supreme Court · 1897
  4. Skinner v. JamesWisconsin Supreme Court · 1887
  5. Week v. BosworthWisconsin Supreme Court · 1884

2 more not listed; retrieve them via the Exa API.

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