BREEDEN v. BREEDEN


6 Wis.2d 149 (1959)

BREEDEN (Joseph R.), Plaintiff and Appellant, v. BREEDEN (Lenore I.) and others, Defendants: POLK COUNTY, Defendant and Respondent.

Supreme Court of Wisconsin.

January 2, 1959.


Attorney(s) appearing for the Case

For the appellant there was a brief by Doar & Knowles of New Richmond, and oral argument by W. T. Doar, Jr.

For the respondent there was a brief by D. E. Jensen, district attorney, attorney, and the Attorney General and Albert Harriman, assistant attorney general, of counsel, and oral argument by Mr. Harriman.


HALLOWS, J.

The issue is whether there existed a mutual mistake which would entitle the plaintiff to have the deed reformed. The trial court did not find any mistake in fact but concluded the parties had some erroneous belief concerning the law of joint tenancies. While the trial court's findings are somewhat incomplete on the reasons for the plaintiff taking title to the land in joint tenancy with his mother, such finding...

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