Prutsman v. Baker
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waushara County. The plaintiffs and defendant were heirs-at-law of David Prutsman, who died intestate, after executing a deed of the premises in controversy to the defendant Emily J. Baher, and depositing it with one Sheardown, with instructions to deliver it to defendant in case of grantor’s death, he' retaining the right to control it while living.
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APPEAL from the Circuit Court for Waushara County. The plaintiffs and defendant were heirs-at-law of David Prutsman, who died intestate, after executing a deed of the premises in controversy to the defendant Emily J. Baher, and depositing it with one Sheardown, with instructions to deliver it to defendant in case of grantor’s death, he' retaining the right to control it while living. Defendant, by virtue of her deed, claimed the entire premises, plaintiffs claiming seven-eighths as heirs-at-law of the deceased, and conceding that defendant, as one of the heirs-at-law, was entitled to the…
1Opinion of the CourtDixok, C. J.
An important question of law is presented in this case which is whether there was any delivery of the deed by the grantor, David Prutsman deceased, in Ms lifetime, so as to make the same valid and effectual for any purpose. The testimony on this point is that of a single witness, Sheardown, the depositary, who testified on his direct examination: “I *646asked bim (the grantor) what should be done with the papers ? He said I should keep them, but not get them recorded while he lived; if he got well he wanted to control them. I kept all the papers until after his death.” On cross-examination the…
2Cases cited5 opinions
- Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
- Welch v. SackettWisconsin Supreme Court · 1860
- Berry v. AndersonIndiana Supreme Court · 1864
- Belden v. CarterSupreme Court of Connecticut · 1809
- Fitch v. BunchCalifornia Supreme Court · 1866
3Cited by76 opinions
- Bury v. YoungCalifornia Supreme Court · 1893
- Gaylord v. GaylordSupreme Court of North Carolina · 1909
- Gaylord v. . GaylordSupreme Court of North Carolina · 1909
- Taft v. TaftMichigan Supreme Court · 1886
- Lykins v. McGrathSupreme Court of the United States · 1902
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