Legal Opinion

Bogie v. Bogie

Wisconsin Supreme Court

Decided June 15, 1874PublishedCited by 18 opinions

APPEAL from the Circuit Court for Jefferson County. Action to cancel a deed, executed by plaintiff and wife, November 21,'1872, purporting to convey land to defendant.

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APPEAL from the Circuit Court for Jefferson County. Action to cancel a deed, executed by plaintiff and wife, November 21,'1872, purporting to convey land to defendant. The complaint avers that plaintiff, on the day named, owned the land, and that his wife, Amy Bogie, at the same time owned another tract, containing forty acres, on which was the house then occupied by plaintiff and wife as a homestead; that the two tracts constituted a farm; that at the time named plaintiff’s wife was very sick and not likely to live; that defendant, who is a son of plaintiff, resided with them; that plaintiff…

1Opinion of the Court

Ryan, 0. J.

The sole question presented in this case is, whether there was a valid delivery of the respondent’s convey.ance to the appellant. This appeal does not involve the delivery of Amy Bogie’s deed.

Both conveyances were part of a family arrangement, resulting in a family quarrel. These were discussed by counsel on both sides. But with the wisdom of the arrangement, or the rneyits of the quarrel, we have no concern on this appeal.

On the facts and circumstances involved in the question of •delivery, the parties themselves, who are father and son, and .several relatives by blood and…

2Cases cited5 opinions

  1. Souverbye v. ArdenNew York Court of Chancery · 1814
  2. Scrugham v. WoodNew York Supreme Court · 1836
  3. Parker v. KaneWisconsin Supreme Court · 1856
  4. Jones v. JonesSupreme Court of Connecticut · 1826
  5. Cooper v. JacksonWisconsin Supreme Court · 1856

3Cited by18 opinions

  1. Moore v. TrottCalifornia Supreme Court · 1912
  2. Johnson v. BurnsideSouth Dakota Supreme Court · 1892
  3. Rogers v. RogersWisconsin Supreme Court · 1881
  4. Curry v. ColburnWisconsin Supreme Court · 1898
  5. Northwestern Mutual Life Insurance v. WrightWisconsin Supreme Court · 1913

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