Brooks v. Wage
Wisconsin Supreme Court
APPEAL from the Circuit Court for Olark County. Action upon a promissory note for $100, given by defendant to Henry D. Brooks, June 2,1881, and indorsed to plaintiff.
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APPEAL from the Circuit Court for Olark County. Action upon a promissory note for $100, given by defendant to Henry D. Brooks, June 2,1881, and indorsed to plaintiff. The answer alleged that the note was given in consideration of the execution of a quitclaim deed by the payee of his interest in an eighty-acre tract of land, and that in fact the payee had no interest or title in the land, and that plaintiff purchased the note after due, with notice of the lack of consideration therefor. The facts were not materially in dispute. It appeared on the trial that the land in question was owned by…
1Opinion of the CourtWinslow, J.
No fraud is claimed by the defendant to have been perpetrated on him, but he claims that the children of Brooks had no interest of any kind in the land, and that the consideration for the note thus entirely failed. We deem it unnecessary to construe the will, and shall not undertake to do so. This seems to be a case of the compromise of a doubtful claim. It appears that Brooks claimed that his children possessed a future contingent estate in the land, and that the claim was made in perfect *15good faith, based upon the terms of the will of John D. Wage. The defendant denied this claim, but he…
2Cases cited1 opinion
- Hewett v. CurrierWisconsin Supreme Court · 1885
3Cited by1 opinion
- Rowe v. BarnesSupreme Court of Iowa · 1897