Ely v. Wilcox
Wisconsin Supreme Court
APPEAL from the Circuit Court for Douglass Countv: Bill filed in 1859, to quiet title to land. In October, 1854, one John Matson entered the land by pre-emption, and on the 1st of November following sold and conveyed it to the plaintiff, and the deed, together with a mortgage back on the premises executed by the plaintiff on the same day to secure a part of the purchase money, was recorded on the 10th ’ of that month; on which day also a quit-claim deed of the land from Ann…
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APPEAL from the Circuit Court for Douglass Countv: Bill filed in 1859, to quiet title to land. In October, 1854, one John Matson entered the land by pre-emption, and on the 1st of November following sold and conveyed it to the plaintiff, and the deed, together with a mortgage back on the premises executed by the plaintiff on the same day to secure a part of the purchase money, was recorded on the 10th ’ of that month; on which day also a quit-claim deed of the land from Ann Matson, wife of said John, to the plaintiff, was executed and recorded. The deed first mentioned was not entitled to…
1Opinion of the CourtDowner, J.
Is the appellant a purchaser in good faith and for a valuable consideration, without notice, of the land in dispute ? This is an action in equity, brought before the code went into effect. The pleadings are those of the former chancery practice, and we think must have the same construction, force and effect as they would have had before the code. The appellant plead that he was a purchaser in good faith, for a valuable consideration, without notice, and accompanied his plea with an answer denying the allegations in the bill necessary to be denied. The complainant filed a replication to the…
2Cases cited4 opinions
- Hughes v. BlakeSupreme Court of the United States · 1821
- Jackson ex dem. Merrick v. PostNew York Supreme Court · 1836
- State of Connecticut v. BradishMassachusetts Supreme Judicial Court · 1817
- Van Rensselaer v. ClarkNew York Supreme Court · 1837
3Cited by36 opinions
- Townsend v. LittleSupreme Court of the United States · 1883
- Fallass v. PierceWisconsin Supreme Court · 1872
- Pringle v. DunnWisconsin Supreme Court · 1875
- Nolan v. NolanCalifornia Supreme Court · 1909
- Ludy v. ZumwaltCalifornia Court of Appeal · 1927
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