Crawford v. Christian
Wisconsin Supreme Court
Appeal from a judgment of the oironit court for Dodge county: James J Dice, Circuit Judge. Action to set aside a conveyance of real estate on the ground of fraud and undue influence. The answer put the material allegations of the complaint in issue. The court found the facts as follows: April 1Y, 1895, plaintiff was the owner of the property described in the complaint.
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Appeal from a judgment of the oironit court for Dodge county: James J Dice, Circuit Judge. Action to set aside a conveyance of real estate on the ground of fraud and undue influence. The answer put the material allegations of the complaint in issue. The court found the facts as follows: April 1Y, 1895, plaintiff was the owner of the property described in the complaint. On that day he conveyed the same to Gcurl Ohristiam, for the sum of $4,101. He had sufficient mental capacity to conduct the necessary business transactions to sell and convey his property as he did. Neither Gcurl Christian,…
1Opinion of the CourtMarshall, J.
It is not considered necessary or advisable to discuss at any considerable length the assignments of error urged on this appeal. The cause appears to have been fairly tried and the record free from any prejudicial error.
The evidence of a nonexpert witness as to the mental condition of plaintiff was properly rejected, there being no foundation for a nonexpert opinion from the witness. Such an opinion may properly be given as evidence on the subject of mental unsoundness, but'only upon the witness first qualifying himself by stating facts within his personal knowledge and means of personal…
2Cases cited3 opinions
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- Burnham v. MitchellWisconsin Supreme Court · 1874
3Cited by10 opinions
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- Duthey v. StateWisconsin Supreme Court · 1907
- In re WillWisconsin Supreme Court · 1901
- In re Guardianship of WelchWisconsin Supreme Court · 1900
- Lowe v. StateWisconsin Supreme Court · 1903
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