Quinney v. Denney
Wisconsin Supreme Court
APPEAL from the Circuit Court for Calumet County. Ejectment, for lot 49 in tbe town of Stoekbridge, in said county. Tbe premises were allotted to tbe plaintiff in 1843, in pursuance of tbe act of congress approved March 3d of that year, and a patent was issued to him in 1860. Tbe defendant claimed under a deed from tbe plaintiff to one James Joshua, executed in 1845. This deed was not put in evidence; but tbe plaintiff, as a witness in bis own behalf, testified that be…
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APPEAL from the Circuit Court for Calumet County. Ejectment, for lot 49 in tbe town of Stoekbridge, in said county. Tbe premises were allotted to tbe plaintiff in 1843, in pursuance of tbe act of congress approved March 3d of that year, and a patent was issued to him in 1860. Tbe defendant claimed under a deed from tbe plaintiff to one James Joshua, executed in 1845. This deed was not put in evidence; but tbe plaintiff, as a witness in bis own behalf, testified that be executed such a deed; that it was a quit-claim deed, and was not acknowledged before any person authorized to take…
1Opinion of the Court
By the Court,
Cole, J.
Tbe principal and controlling question in tbe case is, whether tbe respondent, as allottee under tbe act of congress of March 3d, 1843 (see 5 U. S. Stat. at Large, p. 645), took such an estate in tbe premises allotted to him as be could convey by deed, or whether bis conveyance to James Joshua in 1845 was void for want of an assignable in*487terest in tbe grantor. On the part of the respondent it is contended, that the deed to Joshua passed no title, and that in fact the allottee under the act took no assignable interest in the land until the patent issued to him in 1860. We…
2Cases cited4 opinions
- Strother v. LucasSupreme Court of the United States · 1838
- Crews v. BurchamSupreme Court of the United States · 1862
- Challefoux v. DucharmeWisconsin Supreme Court · 1856
- Jarvis v. MohrWisconsin Supreme Court · 1864
3Cited by6 opinions
- Godfrey v. Iowa Land & Trust Co.Supreme Court of Oklahoma · 1908
- Leinenkugel v. KehlWisconsin Supreme Court · 1888
- Hewitt v. WeekWisconsin Supreme Court · 1884
- Slaughter v. BernardsWisconsin Supreme Court · 1894
- Stirman v. CravensSupreme Court of Arkansas · 1874
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