Chase v. Woodruff
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sauk county: E. Nay SteveNS, Circuit Judge., Action in ejectment, the complaint being in the usual form. The answer put in issue plaintiff’s claim of title and pleaded title and right of possession in the defendants. Both parties claimed title under the same grantor.
Read the full summary
Appeal from a judgment of the circuit court for Sauk county: E. Nay SteveNS, Circuit Judge., Action in ejectment, the complaint being in the usual form. The answer put in issue plaintiff’s claim of title and pleaded title and right of possession in the defendants. Both parties claimed title under the same grantor. The evidence was to this effect: March 4, 1808, Julius R. Wood-ruff made a deed in due form and naming $1,000 as the consideration, purporting to convey lots 3 and 4, block 25, of the village of Baraboo, Sauk county, Wisconsin, to his daughter Jennie, a child by his second wife then…
1Opinion of the CourtMaesiiall, J.
Respondent established title to the property in himself, if the deed to his wife was delivered to her as a conveyance according to its import. The uncontroverted evidence that he was her sole heir at law proved his succession to whatever title she had. He was not called upon to show negatively that she did not die testate. As the primary right of succession is by the law of inheritance, plaintiff was entitled to rest on the legal presumption of intestacy until that was rebutted by evidence. McClanahan v. Williams, 186 Ind. 30, 35 N. E. 897.
It is conceded that if the deed was not delivered…
2Cases cited8 opinions
- Kercheval v. DotyWisconsin Supreme Court · 1872
- Linde v. GuddenWisconsin Supreme Court · 1901
- McClanahan v. WilliamsIndiana Supreme Court · 1893
- Jilsun v. StebbinsWisconsin Supreme Court · 1876
- Lake Agricultural Co. v. BrownIndiana Supreme Court · 1917
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Owen Et Ux. v. Commercial Union Fire Ins. Co. Of New YorkCourt of Appeals for the Fourth Circuit · 1954
- Gates v. MorrisWest Virginia Supreme Court · 1941
- Will of KlehrWisconsin Supreme Court · 1912
- Giblin v. GiblinWisconsin Supreme Court · 1921
- Herzing v. HessWisconsin Supreme Court · 1953
8 more not listed; retrieve them via the Exa API.