Dunn v. Amos
Wisconsin Supreme Court
APPEAL from the Circuit Court- for Milwaukee County. This action was brought to set aside a conveyance of land in the county of Waukesha, executed to the defendant Amos by one Poster as an attorney in fact of the plaintiff, and to set aside also a conveyance of the same land which had been made by Amos to his co-défendant Stimson, and to compel a reconveyance of the land to the plaintiff.
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APPEAL from the Circuit Court- for Milwaukee County. This action was brought to set aside a conveyance of land in the county of Waukesha, executed to the defendant Amos by one Poster as an attorney in fact of the plaintiff, and to set aside also a conveyance of the same land which had been made by Amos to his co-défendant Stimson, and to compel a reconveyance of the land to the plaintiff. The complaint alleged that the plaintiff, who lived in Kansas, executed a power of attorney authorizing Poster to sell and convey the land, but had made known to Poster his wish that the land should be sold…
1Opinion of the Court
By the Court,
Dixon, C. J.
We fully concur with the learned judge of the circuit court in his finding of facts in this case. The charge in the complaint that Poster was fraudulently induced to execute and deliver the deed in exchange for the contract and mortgage, when in a state of intoxication, and that his intoxication was encouraged and employed by Amos for that purpose, is established by the evidence for the respondent, and not rebutted by that for the appellants. That he was intoxicated seems hardly questionable. It was proved by his own evidence, and although his examination and the…
2Cases cited1 opinion
- M'Cormick v. MalinIndiana Supreme Court · 1841
3Cited by7 opinions
- Hanlon v. DohertyIndiana Supreme Court · 1887
- Petition for Writ of Habeas Corpus for Walter J. Sawyer. Walter J. Sawyer v. Max A. Barczak, Sheriff of Milwaukee CountyCourt of Appeals for the Seventh Circuit · 1956
- Standard Fire Insurance v. SmithhartCourt of Appeals of Kentucky · 1919
- Colt v. McConnellIndiana Supreme Court · 1888
- Kirchner v. SmithWest Virginia Supreme Court · 1907
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