Fawcett v. Fawcett
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. The case made by the complaint is substantially as follows: The plaintiff intermarried with one Joshua Fawcett, the ancestor of the defendants) in 1867. She had separate estate. In 1868 she gave her.husband the money with which to purchase a certain forty-acre lot of land in Grant county, and directed him to take the conveyance thereof in her name.
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APPEAL from the Circuit Court for Grant County. The case made by the complaint is substantially as follows: The plaintiff intermarried with one Joshua Fawcett, the ancestor of the defendants) in 1867. She had separate estate. In 1868 she gave her.husband the money with which to purchase a certain forty-acre lot of land in Grant county, and directed him to take the conveyance thereof in her name. Her husband thereupon purchased the land with her money, but took the conveyance thereof in his own name. The plaintiff first learned in 1869 that he had done so. She at once disapproved his act, and…
1Opinion of the CourtLyoN, C. J.
'There can be no doubt the complaint states facts sufficient to show that the plaintiff is entitled to enforce a resulting trust in the land in controversy; that is to say, she is entitled to have vested in her the absolute title to such land, unless she is excluded from such relief by the statutes of limitation of by her laches in the enforcement of her right. Before the enactment of our statute of uses and trusts, she would have been entitled to assert and enforce such trust, even though she consented that the land for which she paid should be conveyed to her husband, or had she personally…
2Cases cited12 opinions
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