Delong v. Delong
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. The action is ejectment, to recover certain lands in Iienosha county. The complaint is in the statutory form. The answer is (1) a general denial; (2) an allegation that the defendants are the owners in fee of the lands claimed; and (3) a counterclaim for the value of permanent improvements made upon the premises by the defendants.
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APPEAL from the Circuit Court for Kenosha County. The action is ejectment, to recover certain lands in Iienosha county. The complaint is in the statutory form. The answer is (1) a general denial; (2) an allegation that the defendants are the owners in fee of the lands claimed; and (3) a counterclaim for the value of permanent improvements made upon the premises by the defendants. The plaintiff, George Delong, is the father of James U. Delong, the defendant husband, and on October 10, 1874, was the owner of the lands claimed. On that day the plaintiff -and his wife, of the one part, and the…
1Opinion of the CourtLyon, J.
In Bogie v. Bogie, 41 Wis., 209, and Bresnahan v. Bresnahan, 46 Wis., 385, it was held that a court of equity will rescind a conveyance made by a father to a son, the only consideration for which is the covenant of the son to support and maintain his father, or his parents, if the son fail to perform such covenant. In the conveyance under consideration in each of these cases the obligation of the son rested in covenant, not in condition.
In Blake v. Blake, ante, p. 392, it was said, in substance, that in such a case stipulations in the conveyance might be held conditions subsequent, which in…
2Cases cited3 opinions
- Bogie v. BogieWisconsin Supreme Court · 1876
- Horner v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1875
- Bresnahan v. BresnahanWisconsin Supreme Court · 1879
3Cited by16 opinions
- Glocke v. GlockeWisconsin Supreme Court · 1902
- Polebitzke v. John Week Lumber Co.Wisconsin Supreme Court · 1914
- Gilchrist v. FoxenWisconsin Supreme Court · 1897
- Mott v. MottNew Jersey Court of Chancery · 1891
- Morgan v. LoomisWisconsin Supreme Court · 1891
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