Boyden v. Roberts
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Walworth county: E. B. BeldeN, Circuit Judge. This action was brought to quiet title to certain land owned by the plaintiff 'Edward 0. Uihlein against claim of defendants that a restriction existed limiting the use, created by a certain agreement hereafter designated as the Johnston-Weiss agreement.
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Appeal from a judgment of the circuit court for Walworth county: E. B. BeldeN, Circuit Judge. This action was brought to quiet title to certain land owned by the plaintiff 'Edward 0. Uihlein against claim of defendants that a restriction existed limiting the use, created by a certain agreement hereafter designated as the Johnston-Weiss agreement. The defendants answered, among other defenses, by way of counterclaim, setting up the agreement and demanding affirmative relief against the violation thereof by the plaintiffs. The plaintiffs replied to the counterclaim, and the case was submitted…
1Opinion of the Court
The following opinion was filed March 19, 1907:
Kerwin, J.
The important question presented for consideration under the assignments of error is the effect which should be given to the Johnston-Weiss agreement set out in the statement of facts as regards the property described therein. The deed to Weiss and the Johnston-Weiss contract were executed contemporaneously ás parts of one transaction, and hence upon familiar principles must be read together as one instrument. Blakeslee v. Rossman, 43 Wis. 116; Gillmann v. Henry, 53 Wis. 465, 10 N. W. 692; Stapleton v. Brannan, 102 Wis. 26, 78 N. W.…
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