Bishop v. Aldrich
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County, This action was brought to procure the rescission of a conveyance of lands executed by the plaintiffs to their daughter, Eliza T. Carlton.
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APPEAL from the Circuit Court for Portage County, This action was brought to procure the rescission of a conveyance of lands executed by the plaintiffs to their daughter, Eliza T. Carlton. The complaint, after alleging that the plaintiffs, being old and infirm, conveyed their homestead farm (describing it) to their said daughter, in April, 1875, in consideration that she should support and maintain them during their natural lives, proceeds as follows: “ And thereupon the said Eliza, for the purpose of securing to the plaintiffs the performance of the said agreement, on the said 13th day of…
1Opinion of the CourtLtost, J.
In Bogie v. Bogie, 41 Wis., 209, it was held, on principle and authority, that an entire failure to perform cov*622enants for support and maintenance, which constituted the consideration for a conveyance, was sufficient to authorize a court of equity to rescind the conveyance. It would be useless to repeat here the reasoning, or again refer to the authorities, upon which the j udgment in that case was based. The rule of Bogie v. Bogie was reasserted in Bresnahan v. Bresnahan, 46 Wis., 380, and must be regarded as the settled law of this state.
This case is not distinguishable in principle from…
2Cases cited2 opinions
- Bogie v. BogieWisconsin Supreme Court · 1876
- Porter v. StateWisconsin Supreme Court · 1879
3Cited by9 opinions
- Huffman v. RicketsIndiana Court of Appeals · 1916
- Payette v. FerrierWashington Supreme Court · 1899
- Schmidt v. Joint School District No. 4 of HermanWisconsin Supreme Court · 1911
- Schroeder v. RichardsonWisconsin Supreme Court · 1899
- Lowrey v. FinklestonWisconsin Supreme Court · 1912
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