Bates v. Winters
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outa-gamie county: Johk Goodlakd, Circuit Judge. This action is brought to set aside a deed from one Perry W. Winters to Nelson W. Winters, his stepfather, on the ground that the grantor was mentally incompetent to execute such deed and because fraud and undue influence had been used by the grantee to procure the execution and delivery thereof. It was also contended by the appellant that the deed was not delivered.
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Appeal from a judgment of the circuit court for Outa-gamie county: Johk Goodlakd, Circuit Judge. This action is brought to set aside a deed from one Perry W. Winters to Nelson W. Winters, his stepfather, on the ground that the grantor was mentally incompetent to execute such deed and because fraud and undue influence had been used by the grantee to procure the execution and delivery thereof. It was also contended by the appellant that the deed was not delivered. The court found (1) that Perry W. Winters died intestate January -28, 1906, leaving no widow, children, father, mother, brothers, or…
1Opinion of the CourtBarnes, J.
There is ample testimony in the record to support the finding of the trial judge that Perry W. Winters was mentally competent to execute the deed in question and also the finding that such deed was not procured by undue influence. It is not deemed necessary to recapitulate the evidence sustaining such findings. There is nothing in the evidence which tends to show that any conditional delivery was made of the deed, or that the grantor named therein intended to reserve any control over the same after placing it in the hands of the scrivener. On the contrary, there is evidence to the effect that…
2Cases cited5 opinions
- Albright v. AlbrightWisconsin Supreme Court · 1888
- Whiting v. HoglundWisconsin Supreme Court · 1906
- Kittoe v. WilleyWisconsin Supreme Court · 1904
- Schumacher v. DraegerWisconsin Supreme Court · 1909
- Wells v. WellsWisconsin Supreme Court · 1907
3Cited by7 opinions
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- Ingersoll v. OdendahlSupreme Court of Minnesota · 1917
- Klabunde v. CasperWisconsin Supreme Court · 1909
- Lawrence v. Children's Home & Aid SocietyWisconsin Supreme Court · 1939
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