Bogie v. Bogie
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. Many of the facts of this case may be learned by a perusal of the reported case of Bogie v. Bogie, 35 Wis., 659. That action was to set aside a deed purporting to have been executed by Wm.
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APPEAL from the Circuit Court for Jefferson County. Many of the facts of this case may be learned by a perusal of the reported case of Bogie v. Bogie, 35 Wis., 659. That action was to set aside a deed purporting to have been executed by Wm. Bogie to the defendant; and this is an action to set aside a deed purporting to have been executed at the same time by the plaintiff Mrs. Bogie to the defendant In this, as in the former case, the circuit court held that there had been no valid delivery of the deed, and rendered judgment for the plaintiff for the relief demanded. The testimony is…
1Opinion of the CourtLyon, J.
It satisfactorily appears from the evidence, that when Mrs. Bogie signed the deed in question, she was very dangerously ill, apparently near death; that she was suffering intense pain, and was greatly prostrated in body and mind ; and that she was induced to sign the deed by the importunities of those about her. Indeed, the evidence leaves grave doubts in our minds whether she had any intelligent understanding of her act, when, with the aid of the bystanders, she affixed her mark to the deed as a signature.
*375"When the validity of a deed executed under such circumstances is called in question,…
2Cases cited1 opinion
- Zechman v. HaakWisconsin Supreme Court · 1893
3Cited by2 opinions
- McCormick Harvesting Machine Co. v. HamiltonWisconsin Supreme Court · 1889
- Lefebvre v. DutruitWisconsin Supreme Court · 1881