Strong v. Doty
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. The complaint sets forth that in 1840 the plaintiff, with four others, tenants in common of a certain lot in the village (now city) of Mineral Point, executed a deed thereof, without any actual consideration, to certain trustees named in the deed, and to their successors forever, in trust for certain purposes which sufficiently appear in the opinion of the court; and it alleges an abandonment of the premises for those purposes,…
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APPEAL from the Circuit Court for Iowa County. The complaint sets forth that in 1840 the plaintiff, with four others, tenants in common of a certain lot in the village (now city) of Mineral Point, executed a deed thereof, without any actual consideration, to certain trustees named in the deed, and to their successors forever, in trust for certain purposes which sufficiently appear in the opinion of the court; and it alleges an abandonment of the premises for those purposes, and their conversion to other uses, as stated in said opinion; and also alleges the erection and continuance of a…
1Opinion of the CourtCole, J.
The object of this action is certainly not entirely clear. There are averments in the complaint which warrant the inference that the action is one to obtain possession of the undivided one-eighth part of the lot described, upon the ground that the title reverted to the grantors on failure to execute the trust. Other averments would lead to the supposition that the action was intended to enforce the performance of the trust created by the deed, or, if the execution of the trust has become impossible, then that the court should restore the land to the grantors. But in any aspect, we think the…
2Cited by24 opinions
- Dillaway v. BurtonMassachusetts Supreme Judicial Court · 1926
- Dickey v. VolkerSupreme Court of Missouri · 1928
- Farnham v. ThompsonSupreme Court of Minnesota · 1885
- Horner v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1875
- Maxcy v. City of OshkoshWisconsin Supreme Court · 1910
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