Legal Opinion

Padden v. Padden

Wisconsin Supreme Court

Decided April 6, 1920PublishedCited by 5 opinions

• Appeal from, a judgment of the circuit court for St. Croix county. George Thompson, Circuit Judge. Action to set aside a deed from Michael Padden to John J. Padden of forty acres of land claimed previously to have been conveyed by Michael Padden to the plaintiff, and for the quieting of plaintiff’s title as against any claim of John J. Padden. Michael Padden is the father of John J. Padden, James Padden, and of the plaintiff.

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• Appeal from, a judgment of the circuit court for St. Croix county. George Thompson, Circuit Judge. Action to set aside a deed from Michael Padden to John J. Padden of forty acres of land claimed previously to have been conveyed by Michael Padden to the plaintiff, and for the quieting of plaintiff’s title as against any claim of John J. Padden. Michael Padden is the father of John J. Padden, James Padden, and of the plaintiff. On or about November 15, 1916, he was the owner of eighty acres of land. He executed a deed to forty acres thereof, naming plaintiff as grantee, and a deed to the…

1Opinion of the CourtVinje, J.

The appeal presents a question of fact only: Did Michael Padden deliver the deeds to Hughes with the intention of parting with all control over them and with the title to the land?- On this subject he testifies that he gave the deeds to Hughes with instructions to keep them with other papers he held for him; that the land was his as long as he lived, and that the deeds should not be recorded in his lifetime; that later on he withdrew the deeds from Hughes and deeded the land to John J. Padden for a cash consideration of $1,500 and an agreement on the part of the grantee to pay Henry Padden…

2Cases cited2 opinions

  1. Prutsman v. BakerWisconsin Supreme Court · 1872
  2. Butts v. RichardsWisconsin Supreme Court · 1913

3Cited by5 opinions

  1. Allenbach v. RidenourNevada Supreme Court · 1929
  2. Hamblyn v. CraseWisconsin Supreme Court · 1928
  3. Ritchie v. DavisWisconsin Supreme Court · 1965
  4. Darling v. WilliamsWisconsin Supreme Court · 1926
  5. Padden v. PaddenWisconsin Supreme Court · 1920

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