Legal Opinion

McDonald v. Sullivan

Wisconsin Supreme Court

Decided April 17, 1908PublishedCited by 4 opinions

Appeal from an order of the circuit court for Forest county: Jomsr Goodland, Circuit Judge. This is an action in equity to remove clouds from the title of certain vacant and unoccupied lands in Forest county hy canceling as fraudulent certain recorded deeds thereof. The defendants Michael H. .Sullivan, Frank E. Knaup, and A. E. Knaup each filed a separate general demurrer to the complaint, and the plaintiff appeals from an order sustaining each of said demurrers.

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Appeal from an order of the circuit court for Forest county: Jomsr Goodland, Circuit Judge. This is an action in equity to remove clouds from the title of certain vacant and unoccupied lands in Forest county hy canceling as fraudulent certain recorded deeds thereof. The defendants Michael H. .Sullivan, Frank E. Knaup, and A. E. Knaup each filed a separate general demurrer to the complaint, and the plaintiff appeals from an order sustaining each of said demurrers. The complaint alleges, in substance, that the defendant A. E. Knaup became the owner of the premises May 29, 1906, by deed which…

1Opinion of the Court

Winslow, O. J.

The plaintiff claims that under the allegations of his complaint the deeds which he attacks are shown to be invalid as to> him upon two grounds: First, because made with intent to defraud prior or subsequent purchasers of the land, contrary to the provisions of sec. 2297, Stats. (1898); and second, because cut off by the provisions *365of the recording act, see. 2241, Stats. (1898). These contentions will he considered in their order.

1. See. 229Y, ahoye referred to, provides as follows:

“Every conveyance of any estate or interest in land or the rents and profits of lands, and every…

2Cases cited6 opinions

  1. Fallass v. PierceWisconsin Supreme Court · 1872
  2. Marling v. NommensenWisconsin Supreme Court · 1906
  3. Butler v. Bank of MazeppaWisconsin Supreme Court · 1896
  4. New Bank of Eau Claire v. KleinerWisconsin Supreme Court · 1901
  5. Crowley v. HicksWisconsin Supreme Court · 1898

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Laun v. KippWisconsin Supreme Court · 1914
  2. Wasson v. Anglo-Texas Oil Co.Supreme Court of Oklahoma · 1928
  3. Zimmer v. SundellWisconsin Supreme Court · 1941
  4. Maas v. HesseWisconsin Supreme Court · 1920

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