Miller v. Larson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The complaint in this case stated that the plaintiff was the owner in fee of a certain tract of land ; that the defendant was in possession of it; that the plaintiff had served upon the defendant a notice in writing requiring him to deliver up the possession forthwith ; that the plaintiff was entitled to the immediate possession of the premises; and that the defendant unlawfully and wrongfully withheld the same.
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APPEAL from the Circuit Court for Winnebago County. The complaint in this case stated that the plaintiff was the owner in fee of a certain tract of land ; that the defendant was in possession of it; that the plaintiff had served upon the defendant a notice in writing requiring him to deliver up the possession forthwith ; that the plaintiff was entitled to the immediate possession of the premises; and that the defendant unlawfully and wrongfully withheld the same. Plaintiff demanded judgment that the defendant deliver up the premises, &o. — The answer denied the plaintiff’s title; admitted the…
1Opinion of the Court
By the Court,
Dixoet, 0. J.
No question of title is presented by this case. The defendant answers that he was let into possession under an executory agreement for the purchase of an undivided half of the premises from the plaintiff. That agreement has not yet been executed. Until it has been, by the making and delivery of a proper conveyance, or until the title is passed by the judgment .of a court of equity, the defendant is in no position to dispute the plaintiff’s right at law. The relation of vendor and purchaser under an executory contract of sale is so far in the nature of a tenancy,…
2Cases cited6 opinions
- Jackson ex dem. Griswold v. BardNew York Supreme Court · 1809
- Jackson ex dem. Young & Devereux v. CampNew York Supreme Court · 1824
- Sexton v. RhamesWisconsin Supreme Court · 1860
- Lawton v. HoweWisconsin Supreme Court · 1861
- Williams v. CashSupreme Court of Georgia · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Butler v. KaulbackSupreme Court of Kansas · 1871
- Wolf Co. v. KutchWisconsin Supreme Court · 1911
- Grever v. CulverWisconsin Supreme Court · 1893
- Malick v. KelloggWisconsin Supreme Court · 1903
- Burke v. DouglassMichigan Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.