Lowrey v. Finkleston
Wisconsin Supreme Court
Appeals from a judgment of tbe circuit court for Iowa county: Geoege ClemeNtsoN, Circuit Judge. This' is an action to set aside a deed and a lease of real estate executed September 11,1900, by the plaintiff, a lady then nearly eighty years of age whose husband had died about one year before. The deed covered 180 acres and the lease 260. .The conveyance was made to one Tones upon certain conditions named in the deed.
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Appeals from a judgment of tbe circuit court for Iowa county: Geoege ClemeNtsoN, Circuit Judge. This' is an action to set aside a deed and a lease of real estate executed September 11,1900, by the plaintiff, a lady then nearly eighty years of age whose husband had died about one year before. The deed covered 180 acres and the lease 260. .The conveyance was made to one Tones upon certain conditions named in the deed. Jones died about eight years after the conveyance, insolvent, having before his death executed a ■mortgage upon the 180 acres deeded to him to one Einldeston, who afterwards died…
1Opinion of the Court
The following opinion was filed January 30, 1912:
KeewtN, J.
The facts in this case, except in some minor detail, are covered substantially by the findings of fact set forth in the statement of the case. We shall first treat the appeal of the defendant Mary Finkleston. Counsel claims ■that the proper remedy of plaintiff was at law in ejectment and that she cannot maintain the present action in equity, relying upon Mash v. Bloom, 130 Wis. 366, 110 N. W. 203, 268. The plaintiff insists that this point was waived by defendant. But whether it was or not is of no consequence, because plaintiff was…
2Cases cited10 opinions
- Glocke v. GlockeWisconsin Supreme Court · 1902
- Quatman v. McCrayCalifornia Supreme Court · 1900
- Morgan v. LoomisWisconsin Supreme Court · 1891
- Wanner v. WannerWisconsin Supreme Court · 1902
- Bishop v. AldrichWisconsin Supreme Court · 1880
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3Cited by6 opinions
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