Munger v. Perkins
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha County. Action to l’ecover dower and damages for the withholding thereof. A jury was waived, and the cause was tried by the court. The facts will sufficiently appear from the opinion. There was a judgment in favor of the plaintiff for the recovery of her dower, to be admeasured; for the recovery of $324.98 damages for the withholding of said dower from demand to date of trial; and for costs.
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APPEAL from the Circuit Court for Waukesha County. Action to l’ecover dower and damages for the withholding thereof. A jury was waived, and the cause was tried by the court. The facts will sufficiently appear from the opinion. There was a judgment in favor of the plaintiff for the recovery of her dower, to be admeasured; for the recovery of $324.98 damages for the withholding of said dower from demand to date of trial; and for costs. The defendants appealed. 1. The plaintiff’s right of dower was extinguished by the deed of December 2, 1869, and the setting aside of the deed in no manner…
1Opinion of the Court
Cole, O. J.
The circuit court held that the plaintiff was entitled to dower in the lands described in the complaint. The main question is as to the correctness of the decision on that point. It appears that the plaintiff, December 2, 1869, joined with her husband, Gaius Munger, in a deed of the lands to their daughter, Isadore G. Munger, for a money consideration of $100 and an agreement on the -part of the grantee to support them during their lives. Subsequently, proceedings in bankruptcy were instituted against Gaius Munger, which l’esulted in his being declared a bankrupt and the…
2Cases cited16 opinions
- Hitchcock v. HarringtonNew York Supreme Court · 1810
- Malloney v. . HoranNew York Court of Appeals · 1872
- Moore v. . the Mayor, Aldermen, C., of New YorkNew York Court of Appeals · 1853
- Russell's heirs v. Marks' heirsCourt of Appeals of Kentucky · 1860
- Blain v. HarrisonIllinois Supreme Court · 1849
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3Cited by12 opinions
- Williams v. WilliamsWisconsin Supreme Court · 1885
- Brothers v. Bank of KaukaunaWisconsin Supreme Court · 1893
- Huntzicker v. CrockerWisconsin Supreme Court · 1908
- Pugh v. LingafelterCourt of Appeals for the Sixth Circuit · 1910
- Jones v. JonesWisconsin Supreme Court · 1888
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