McCann v. Welch
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Grant ■county: Geo. ClemeNtsoN, Circuit Judge. On January 15, 1885, Mary Welch, wife of the defendant Patrick Welch, being in extremis, and holding the title to the home farm of 120 acres, a justice of the peace was called, who, in .the same room with the defendant Pa-trick Welch and all of the children of the parties, prepared a deed of •conveyance from the wife to her husband, Patrick Welch, for the expressed consideration of…
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Appeal from a judgment of the circuit court for Grant ■county: Geo. ClemeNtsoN, Circuit Judge. On January 15, 1885, Mary Welch, wife of the defendant Patrick Welch, being in extremis, and holding the title to the home farm of 120 acres, a justice of the peace was called, who, in .the same room with the defendant Pa-trick Welch and all of the children of the parties, prepared a deed of •conveyance from the wife to her husband, Patrick Welch, for the expressed consideration of $500. The deed was then taken to the bed, and the wife’s mark placed thereon, the pen being in her fingers, and they…
1Opinion of the Court
.Dodge, J.
The findings of the court that Mary Welch was incapable of executing a deed, and that she neither knew nor understood what was being done, and had no knowledge and gave no consent to the delivery of the deed to her husband, are not antagonized by a clear preponderance of the evidence, and must stand, so far as material, as verities in the case. Such findings would support the judgment, unless plaintiffs are precluded from maintaining the action by their conduct or by lapse of time. The answer attempts to raise statutes of limitation, but wholly omits the only statute directly…
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