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138 Wis. 673

Bates v. Winters

Wisconsin Supreme Court

Decided March 30, 1909

Wisconsin Supreme Court · decided 1909-03-30

This action is brought to set aside a deed from one Perry W. Winters to Nelson W. Winters, his stepfather, on the ground that the grantor was mentally incompetent to execute such deed and because fraud and undue influence had been used by the grantee to procure the execution and delivery thereof. It was also contended by the appellant that the deed was not delivered.

Relies on Albright v. Albright · Whiting v. Hoglund · Kittoe v. Willey

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1909-03-30

How this case has been cited

Cited by 6 later decisions — most recently April 1939

6 state decisions

401909191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Barnes, J.

¶1There is ample testimony in the record to support the finding of the trial judge that Perry W. Winters was mentally competent to execute the deed in question and also the finding that such deed was not procured by undue influence. It is not deemed necessary to recapitulate the evidence sustaining such findings. There is nothing in the evidence which tends to show that any conditional delivery was made of the deed, or that the grantor named therein intended to reserve any control over the same after placing it in the hands of the scrivener. On the contrary, there is evidence to the effect that the deed was delivered to the scrivener for the purpose of having the same placed on record, but that at the suggestion of the grantee it was not recorded until after the grantor’s death, and that the nominal consideration of one dollar named therein was in fact paid at the time of its execution. The testimony fairly shows that the possession of the deed was parted with by the grantor with the intention of presently passing title to the grantee. Under the decisions of this court in Schumacher v. Draeger, 137 Wis. 618, 119 N. W. 305; Wells v. Wells, 132 Wis. 73, 111 N. W. 1111; Whiting v. Hoglund, 127 Wis. 135, 138, 106 N. W. 291; Kittoe v. Willey, 121 Wis. 548, 552, 99 N. W. 337; and Albright v. Albright, 70 Wis. 528, 533, 36 N. W. 254, there was a good delivery of the deed involved in this action. The evidence in the case sustains the findings of fact made therein and the findings support the judgment.

¶2By the Court. — Judgment affirmed.

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