Smith v. Smith
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. On April 23, 1878, Benjamin Holmes, being then more than ninety years of age, deeded to the defendant Charles W. Smith, his son-in-law, certain real estate in the village of Geneva; and on August 20,1878, the same grantor executed a deed of the same land to the plaintiff, his only grandson and a son of said defendant. The second deed was deposited with one Harry Smith for delivery to the plaintiff after the grantor’s death.
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APPEAL from the Circuit Court for Walworth County. On April 23, 1878, Benjamin Holmes, being then more than ninety years of age, deeded to the defendant Charles W. Smith, his son-in-law, certain real estate in the village of Geneva; and on August 20,1878, the same grantor executed a deed of the same land to the plaintiff, his only grandson and a son of said defendant. The second deed was deposited with one Harry Smith for delivery to the plaintiff after the grantor’s death. Mr. Holmes died soon after, and the sec1-ond deed was delivered to the plaintiff, who, discovering the former deed on…
1Opinion of the Court
Cole, O. J.
In the first place, it is well to refer to the rule of practice firmly established by this court, that it will not reverse the findings of the trial court upon questions of fact, unless it appears that such findings are against the weight of testimony. This rule must have its due influence in the decision of this cause, especially in view of the great conflict in the testimony. It cannot be denied that Mr. Holmes — the common grantor — was over ninety years of age when he executed the deed bearing date April 23, 1878. The defendant, in his sworn answer, alleges that when Mr. Holmes…
2Cited by9 opinions
- Truelove v. TrueloveCourt of Appeals of Texas · 1953
- Small v. ChampenyWisconsin Supreme Court · 1899
- Holt v. GuerguinCourt of Appeals of Texas · 1913
- Flowers v. FlowersSupreme Court of Oklahoma · 1923
- McCormick Harvesting Machine Co. v. HamiltonWisconsin Supreme Court · 1889
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