Lawton v. Howe
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. Tbe complaint in this case alleged that on the 26th of October, 1855, the defendant, being the holder of four certificates issued to him in 1854 and 1855 by the commissioners of school and university lands of this state, agreed to sell and transfer all his title and interest in said certificates to the plaintiff, for the sum of $645.75 ; and the plaintiff, upon the defendant’s representation that he or his assigns were entitled…
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APPEAL from tbe Circuit Court for Dane County. Tbe complaint in this case alleged that on the 26th of October, 1855, the defendant, being the holder of four certificates issued to him in 1854 and 1855 by the commissioners of school and university lands of this state, agreed to sell and transfer all his title and interest in said certificates to the plaintiff, for the sum of $645.75 ; and the plaintiff, upon the defendant’s representation that he or his assigns were entitled to a patent from the state for the lands described in said certificates upon payment of the sums therein mentioned,…
1Opinion of the Court
By the Court,
Dixok, C. J.
This is an action to recover back money paid and received under a mistake, and comes to this court on appeal from an order overruling a demurrer to tbe answer. Tbe facts stated in tbe pleadings, so far as they are tbe source of any questions of law, are, with two exceptions, tbe same as those in tbe case of Hurd vs. Hall, 12 Wis., 112. Tbe plaintiff in that case, before tbe commencement of bis action, offered to return tbe void certificates, with a re-assignment of bis interest, and demanded a surrender of bis notes, and that tbe money be refunded, which were refused;…
2Cases cited11 opinions
- Blight's Lessee v. RochesterSupreme Court of the United States · 1822
- Willison v. WatkinsSupreme Court of the United States · 1830
- Abbott v. DraperNew York Supreme Court · 1847
- Hurd v. HallWisconsin Supreme Court · 1860
- Leland v. StoneMassachusetts Supreme Judicial Court · 1813
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Lawe v. HydeWisconsin Supreme Court · 1876
- Wright v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1886
- Giffert v. WestWisconsin Supreme Court · 1873
- Carithers v. WeaverSupreme Court of Kansas · 1871
- Matson v. Kennecott Mines Co.Washington Supreme Court · 1918
11 more not listed; retrieve them via the Exa API.