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University of Michigan Law School

Journal

1949

Wisconsin

Articles 1 - 3 of 3

Full-Text Articles in Law

Equity-Power To Rescind Conveyance For Fraud-Survival, Stephen A. Bryant Jun 1949

Equity-Power To Rescind Conveyance For Fraud-Survival, Stephen A. Bryant

Michigan Law Review

Defendants obtained a deed from plaintiffs' testator shortly before he died. Plaintiffs, his residuary devisees, filed a bill seeking cancellation of the deed, alleging that it was procured by undue influence. Defendants demurred on the ground that undue influence is a species of fraud and the power to rescind a conveyance for fraud does not survive the grantor's death. The demurrer was overruled. On appeal, held, affirmed. The power to rescind was not extinguished by the grantor's death. Glojek v. Glojek, (Wis. 1948) 35 N.W. (2d) 203.


Practice And Procedure-Joint Tortfeasors-Cross Claim Against Co-Party, James F. Gordy Apr 1949

Practice And Procedure-Joint Tortfeasors-Cross Claim Against Co-Party, James F. Gordy

Michigan Law Review

Plaintiff was driving his team on the highway, closely followed by the auto of defendant Wood, which was in turn followed by that of defendant Perry. Perry, driving at a high rate of speed, collided with the rear of Wood's auto, causing it to collide with plaintiff's wagon. Plaintiff sued both defendants to recover for damage to himself and his wagon, alleging negligence in the conduct of each. Defendants answered, each denying his own negligence. Wood interposed a cross claim against Perry, alleging Perry's negligence to be the sole cause of the collision, and demanded judgment for damage to his …


Finders-Application Of Statute To Finder Of Treasure Trove, Zolman Cavitch Mar 1949

Finders-Application Of Statute To Finder Of Treasure Trove, Zolman Cavitch

Michigan Law Review

Defendants, a church committee, procured bundles of rags which were distributed to women who wove the rags into rugs. One such bundle was delivered to plaintiff who found $2100 in bills concealed therein. Plaintiff took the money to defendants, but no claimant appeared. A statute provided that a finder of lost money or goods having a value of $3.00 or more must give notice in a prescribed manner, or, failing to do so, be liable to the town in which found for one-half the value of the goods and for the other half to the person who should sue for …