78 Wis. 594 | Wis. | 1891
. The deed from the plaintiff to George R. Loomis and the agreement back were parts of one transaction, executed at the same time, and must therefore be construed together, as constituting one paper in law, for the purpose of determining the character of the transaction and the intention of the parties. Bogie v. Bogie, 41 Wis. 209. Being one paper in law, they must either stand or fall together in law. Newbegin v. Langley, 63 Am. Dec. 612. The deed recites a consideration of $200, but it is conceded, and the court in effect finds, that there was no consideration therefor except the agreement back. That instrument is a singular document, and not at all suited to the manifest purpose for which it was drawn. The plaintiff was at the time of its execution a widow, fifty-nine years
Tbe instrument is burdened with unnecessary agreements on tbe part of tbe plaintiff. Sbe expressly agreed therein to be of no expense to Loomis while absent from tbe family; “ to demand . . . only tbe necessaries of life, such as good, wholesome food, suitable clothing, washing, ironing, done at proper times, good care in sickness and in health and until death, . . . and after death a Christian burial; ” while Loomis and wife therein only expressly agree to erect upon tbe plaintiff’s grave “ a suitable tombstone,” and do not expressly agree to furnish the plaintiff with such neces
The trial court found that there had been a breach of such conditions by the defendants’ neglecting and refusing to furnish such necessaries; and to that finding there is no exception. Besides, it seems to be supported by the testimony. This court has by a long line of adjudications settled the rule that for such breach of conditions a court of equity will, upon proper pleadings, set aside such conveyance and agreement, and do equity between the parties, especially in favor of an aged woman in the condition of the plaintiff at the time of the execution of the papers in question. Bogie v. Bogie, 41 Wis. 209; Bresnahan v. Bresnahan, 46 Wis. 385; Blake v. Blake, 56 Wis. 392; Delong v. Delong, 56 Wis. 514; Divan v. Loomis, 68 Wis. 150; Stoel v. Flanders, 68 Wis. 256; Hartstein v. Hartstein, 74 Wis. 1; Dickson v. Field, 77 Wis. 439. See, also, Martin v. Martin, 44 Kan. 295.
By the Qowrt.— The judgment of the circuit court is reversed, and the cause is remanded with direction to enter judgment setting aside said deed and agreement, and adjudging title to the land in the plaintiff, subject to the payment at her death, or sooner ■ at her option, of the sum of $100.