Price v. Osborn
Wisconsin Supreme Court
APPEAL from tbe County Court of Milwaukee County. Harrison Price brought this action against Pamela Price, his wife, Amasa Osborn, and John Metcalf and his wife, for the purpose of setting aside a deed of certain property, made by Metcalf to Pamela Price, and a subsequent conveyance by her of the same property to Osborn, and to compel Metcalf and wife to execute a conveyance of the land to plaintiff.
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APPEAL from tbe County Court of Milwaukee County. Harrison Price brought this action against Pamela Price, his wife, Amasa Osborn, and John Metcalf and his wife, for the purpose of setting aside a deed of certain property, made by Metcalf to Pamela Price, and a subsequent conveyance by her of the same property to Osborn, and to compel Metcalf and wife to execute a conveyance of the land to plaintiff. Upon the trial, plaintiff testified that, in 1856, he purchased the premises in controversy of John Metcalf paying $100 therefor, and Metcalf made a deed to him, which he afterwards returned to…
1Opinion of the CourtCole, J.
In this case the court below found as facts established by the evidence, that the deed mentioned in the pleadings was executed by Metcalf and wife to the plaintiff, and, after being duly witnessed and acknowledged, was delivered to him as the grantee therein; that the plaintiff retained the deed for sevéral -weeks, and then surrendered it to his grantor for the purpose of having a new conveyance of the property executed to his wife, the defendant Pamela Price. And the court furthermore found that no new conveyance was in fact made, otherwise than by erasing the name “ Harrison ” from the deed *39…
2Cases cited2 opinions
- Parker v. KaneWisconsin Supreme Court · 1856
- Putnam v. BicknellWisconsin Supreme Court · 1864
3Cited by4 opinions
- Lampe v. KennedyWisconsin Supreme Court · 1882
- Lenhard v. LenhardWisconsin Supreme Court · 1883
- Sheldon v. WeeksAppellate Court of Illinois · 1893
- McKesson v. StantonWisconsin Supreme Court · 1880