Gibbs v. Shaw
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bock County. - Action to recover damages for a breach of covenant of warranty in a deed of land by the defendants to the plaintiff. The complaint alleged that at the time the deed was made, the paramount title to an undivided half of the land was not in the defendants but in H. K. Whiton, and that the plaintiff had been obliged to expend $200 to extinguish said title. The answer denied these allegations.
Read the full summary
APPEAL from the Circuit Court for Bock County. - Action to recover damages for a breach of covenant of warranty in a deed of land by the defendants to the plaintiff. The complaint alleged that at the time the deed was made, the paramount title to an undivided half of the land was not in the defendants but in H. K. Whiton, and that the plaintiff had been obliged to expend $200 to extinguish said title. The answer denied these allegations. On the trial, it was admitted that one Sprague died seized of the land in question; and also that the plaintiff had purchased Whiton’s title for $200 since…
1Opinion of the Court
By the Court,
PAINE, J.
Without passing upon any of the other objections to the validity of the sale of real estate by the first administrator, Wells, we think that sale must be held void because the record fails to disclose any notice to the heirs at law of the time and place of hearing the application. The statute required such notice to be given before any such application should be heard. Statutes of 1839, p. 317, sec. 29.
The record offered to sustain that sale contains no proof whatever that any notice was given. The only thing upon which it could be assumed is a fragment of a recital, in…
2Cases cited2 opinions
- Corwin v. MerrittNew York Supreme Court · 1848
- Stark v. BrownWisconsin Supreme Court · 1860
3Cited by7 opinions
- Seal v. BanesSupreme Court of Oklahoma · 1934
- Mickel v. HicksSupreme Court of Kansas · 1878
- Mohr v. PorterWisconsin Supreme Court · 1881
- Barrette v. WhitneyUtah Supreme Court · 1909
- Bloor v. SmithWisconsin Supreme Court · 1901
2 more not listed; retrieve them via the Exa API.