Hawkes v. Slight
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dodge county: James J. Dick, Circuit Judge. This is an action in equitjr to foreclose a legacy alleged to be charged upon certain real estate. One John P. Slight, the testator, died October 5,1896, a resident of Watertown, in this state, having at the time of his death record title of the land in question, which land consisted of a farm of 154 acres in the town of Emmet, Dodge county.
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Appeal from a judgment of the circuit court for Dodge county: James J. Dick, Circuit Judge. This is an action in equitjr to foreclose a legacy alleged to be charged upon certain real estate. One John P. Slight, the testator, died October 5,1896, a resident of Watertown, in this state, having at the time of his death record title of the land in question, which land consisted of a farm of 154 acres in the town of Emmet, Dodge county. This farm for nearly twenty years prior to the testator’s death had been in possession of his son the defendant William T. Slight, and was known in the family as…
1Opinion of the CourtWiNslow, J.
The defendant William claimed to have acquired title to the farm by an executed parol gift from his father in 1816, and by adverse possession for more than twenty years. The trial court found specifically against the claim of title by adverse possession, but made no specific findings upon the question of the alleged gift, unless it can be said that the finding to the effect that the defendant William never acquired any title except under the terms of his father’s will be such a finding. This latter finding is, at least, of doubtful import. While it may be construed as negativing the fact of…
2Cases cited3 opinions
- Neale v. NealesSupreme Court of the United States · 1870
- Brown v. GriswoldWisconsin Supreme Court · 1901
- Dawson v. McFaddinNebraska Supreme Court · 1887
3Cited by4 opinions
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- Marshall & Ilsley Bank v. SchuerbrockWisconsin Supreme Court · 1928
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- Luckow v. BoettgerWisconsin Supreme Court · 1909