Wisconsin Reports (Volume 170)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1920. Not illustrated. Excerpt: ... DEEDS. See Electricity. Mortgages. Quieting Title. Trusts, 1. Execution: Intent of grantor to make conveyance: Delivery to third person. 1. A finding by the trial court that a deed executed by a grantor to a third person, who immediately deeded to the grantor's wife, was made with the intention of conveying the property described in the deeds, is sustained where the evidence dis- closes that the grantor, being ill, wanted the conveyance made because he might die, and both deeds were delivered by the third person to the wife, although it appears that the deeds were not to be recorded until after the grantor's death. Chaudoir v. Witt, 556 2. Neither the recovery of the grantor and his use of the prop- erty as his own until he died many years later, nor the belief of both husband and wife that the title was in the husband, changes the legal effect of the transaction. Ibid. 3. The delivery of a deed in escrow or upon condition cannot be made to the grantee himself, and if so made it at once be- comes absolute and divested of the supposed condition. Ibid. Forfeiture upon trivial breach of condition: Remedy. See Con- Tracts, 10. 4. Where a son received conveyance of a farm from his father on condition that he should support the father, make payments aggregating $1,500 to certain named persons, make a stated yearly payment to the father, and cultivate and harvest two acres for him, and the son performed the contract to support for more than thirteen years, paid $1,150 of the $1,500 to the persons designated, and stood ready to pay the balance when- ever a legal representative was appointed for a beneficiary who had died, a court of equity should not have declared for- feiture of title after a single failure to cultivate the two acres, but should have directed a money s...