Scott v. Scott
| Decision Date | 11 December 1894 |
| Citation | 61 N.W. 286,89 Wis. 93 |
| Parties | SCOTT v. SCOTT. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from circuit court, Clark county; W. F. Bailey, Judge.
Action by Elias Scott against Catherine Scott. There was a judgment for defendant, and plaintiff appeals. Affirmed.
It appears from the record that the plaintiff is nearly 80 years of age, and the defendant's husband, George W. Scott, is his only child; that in April, 1887, the plaintiff purchased the 80 acres of wild land in question for $200; that the plaintiff and his son, George W., erected a frame house upon the south 40 acres thereof, and together they occupied the same as a homestead; that September 2, 1887, the plaintiff conveyed the 80 acres to the said George W., and at the same time took back a life lease; that January 25, 1889, the said George W. and wife (the defendant) conveyed the 80 acres to the plaintiff by warranty deed; that soon after, and in 1889, the plaintiff married one Mary C. Converse; that after living together about six weeks they separated, and have not since lived or cohabited together; that in 1891 the plaintiff began an action for a divorce from said Mary C., and October 26, 1891, the parties stipulated as to the alimony to be paid; that October 27, 1891, the plaintiff conveyed the whole of the 80 acres to the defendant by a warranty deed, taking back from her a contract of the same date, wherein it was agreed that the defendant should occupy and cultivate the premises, and keep them in good repair and pay the taxes, and allow the plaintiff to occupy one room, and to furnish or pay to him annually, November 1, $30, or, in lieu thereof, furnish him comfortable board and clothes; that February 16, 1892, the plaintiff conveyed the 80 acres by warranty deed to his brother-in-law, Henry Barnett; that April 21, 1892, the plaintiff and his wife, the said Mary C., conveyed said 80 acres to said Henry Barnett by warranty deed; that August 8, 1892, said Henry Barnett and wife conveyed said 80 acres to the plaintiff by a quitclaim deed; that October 1, 1892, this action was commenced to set aside the deed from the plaintiff to the defendant, and the contract taken back, on the ground of nonperformance; that the defendant answered by way of admissions and denials and allegations of performance. At the close of the trial the court made findings of fact to the effect stated, and also to the effect that George W., at the request of his father, assisted him in the...
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Finley v. Williams
... ... Lewis v. Lewis, 92 Am. St. 240; Risley v ... McNiece, 71 Ind. 434; Leonard v. Smith, 80 Iowa ... 194; Woolcott v. Woolcott, 138 Mich. 176; Scott ... v. Scott, 89 Wis. 93; Williams v. Langwill, 25 ... L. R. A. (N. S.) 932. (5) In equity cases the appellate court ... will not be concluded by ... ...
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Finley v. Williams
...v. Lewis, 92 Am. St. 240; Risley v. McNiece, 71 Ind. 434; Leonard v. Smith, 80 Iowa, 194; Woolcott v. Woolcott, 138 Mich. 176; Scott v. Scott, 89 Wis. 93; Williams v. Langwill, 25 L.R.A. (N.S.) 932. (5) In equity cases the appellate court will not be concluded by the chancellor's findings, ......
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Fisher v. Sellers
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Fisher v. Sellers
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