Eaton v. White
Wisconsin Supreme Court
ERROR to tbe Circuit Court for Fond du Lac County. Ejectment, for a lot of land forming part of tbe east half of tbe nortb-east quarter of a certain section of land in said county. Tbe defendent Artemisia White claimed title to one undivided half of tbe premises, and obtained a judgment affirming ber title thereto; to reverse wbicb tbe plaintiff below brought tbe cause to this court on writ of error.
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ERROR to tbe Circuit Court for Fond du Lac County. Ejectment, for a lot of land forming part of tbe east half of tbe nortb-east quarter of a certain section of land in said county. Tbe defendent Artemisia White claimed title to one undivided half of tbe premises, and obtained a judgment affirming ber title thereto; to reverse wbicb tbe plaintiff below brought tbe cause to this court on writ of error. Tbe case is stated in tbe opinion. in person, argued that tbe lot was reserved from tbe mortgage under wbicb defendants claim, by tbe words of exception therein contained (13 Wis., 75); and that…
1Opinion of the Court
By the Court,
DixoN, C. J.
Tbe plaintiff in error, who was plaintiff below, claims title to one undivided half of tbe lot through a mortgage executed by George White to Lane and Scott, dated May 23, 1849, and recorded June 18, 1850. Tbe defendant Artemisia White claims title to tbe same premises through a mortgage executed by tbe same mortgagor to Warren Ball, dated February 16, 1850, and recorded February 21, 1850. Both of these mortgages were of a much larger tract of land, of wbicb tbe undivided half lot in dispute was a part. Ball, tbe second mortgagee, testifies that at tbe time of taking…
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