Fillingham v. Nichols
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Rock county: R. E. DuNwiddie, Circuit Judge. This action was commenced to compel the defendants to deed to the plaintiff certain property described in the complaint, situated in the city of Beloit, Wisconsin. The facts disclosed by the evidence and the findings are as follows: The plaintiff and Robert Hall were husband and wife, and in 1894 Hall was seven ty-five years of age, and plaintiff sixty-one.
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Appeal from a judgment of the circuit court for Rock county: R. E. DuNwiddie, Circuit Judge. This action was commenced to compel the defendants to deed to the plaintiff certain property described in the complaint, situated in the city of Beloit, Wisconsin. The facts disclosed by the evidence and the findings are as follows: The plaintiff and Robert Hall were husband and wife, and in 1894 Hall was seven ty-five years of age, and plaintiff sixty-one. Hall died February 20,1896, leaving no children, the plaintiff being his sole heir. The defendants are husband and wife. Hall took the defendant…
1Opinion of the CourtBaRdeeN, J.
Unless the finding can be sustained that Nichols made a deed of the premises in suit to plaintiff and thereafter suppressed it, the plaintiff has no standing in court. There is absolutely no evidence that Nichols procured the deed from Hall and wife by fraud, accident, or mistake. In absence of a showing of such facts, the rule is universal that the grantor in a deed will not be permitted to prove that a deed absolute on its face was given in trust for his benefit. Fairchild v. Rasdall, 9 Wis. 379; Clarke v. McAuliffe, 81 Wis. 104. See Kruschke v. Stefan, 83 Wis. 373; Krouskop v. Krouskop, 95…
2Cases cited9 opinions
- Emery v. StateWisconsin Supreme Court · 1899
- Fairchild v. RasdallWisconsin Supreme Court · 1859
- Harter v. ChristophWisconsin Supreme Court · 1873
- Clarke v. McAuliffeWisconsin Supreme Court · 1892
- Lavassar v. WashburneWisconsin Supreme Court · 1880
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3Cited by5 opinions
- Glocke v. GlockeWisconsin Supreme Court · 1902
- Kruse v. WeigandWisconsin Supreme Court · 1931
- Linde v. GuddenWisconsin Supreme Court · 1901
- Burnham v. BurnhamWisconsin Supreme Court · 1903
- Illinois Steel Co. v. KonkelWisconsin Supreme Court · 1911