Putnam v. Bicknell
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. Silas Sears and Betsy M. Sears, his wife, executed - a mortgage to the plaintiff upon certain land in said county.
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APPEAL from the Circuit Court for Jefferson County. Silas Sears and Betsy M. Sears, his wife, executed - a mortgage to the plaintiff upon certain land in said county. After-wards, Silas Sears having died, and Betsy M. Sears having intermarried with one Bicknell, this action was brought to foreclose the mortgage, and said Betsy M. Bicknell, Lowell 0. and George /Sears, sons and only heirs at law of Silas Sears, Luther B. Green, guardian of said George (who was a minor), Gilbert Allen, administrator of the estate of said Silas, and Bdioin Lloyd, were made defendants. A judgment of foreclosure…
1Opinion of the Court
By the Court,
Dixow, C. J.
Though void at law, an absolute conveyance of real or personal property from the husband directly to his wife is good in equity, and sufficient, so far as the form is concerned, to divest the husband of such property, and to vest the same in the wife, as against all persons save the creditors of the husband, especially when the transfer is fairly made upon a meritorious or valuable consideration. Wallingsford v Allen, 10 Peters, 583; Deming v. Williams, 26 Conn. 220; Slanning v. Style, 3 P. Wms., 334; Lucas v. Lucas, 1 Atk., *336270; Freemantle v. Bankes, 5 Ves., 79;…
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