Maltby v. Austin
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lae County. Ejectment. The complaint was in the usual form. The plaintiff claimed title under a deed from Charles Hatch and wife, executed March 2,1883, and recorded on the following day.
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APPEAL from the Circuit Court for Fond du Lae County. Ejectment. The complaint was in the usual form. The plaintiff claimed title under a deed from Charles Hatch and wife, executed March 2,1883, and recorded on the following day. The answer of the defendant, besides denials, alleges by way of counterclaim that in June, 1880, he purchased the lands in suit from said Hatch; that said Hatch then made, executed, and acknowledged a warranty deed thereof to the defendant, and that the same was deposited with Chas. E. Shepard until the defendant should remove a tax lien from certain lands in…
1Opinion of the Court
Oole, O. J.
There is not the least ground for holding that the plaintiff is an innocent purchaser of the premises in controversy, without notice of the rights and equities of the defendant to them by virtue of his purchase from Hatch, the common grantor; for it appears that immediately on that purchase the defendant took actual possession of the land, and proceeded to make valuable improvements upon it, and continued to use and occupy it as his-homestead. Besides, Hatch testified, in substance, that before he sold the premises to the plaintiff he told him of the particulars of his prior trade…
2Cited by11 opinions
- Guthrie & Western Railroad v. RhodesSupreme Court of Oklahoma · 1907
- Miranovitz v. GeeWisconsin Supreme Court · 1916
- J. H. Clark Co. v. RiceWisconsin Supreme Court · 1906
- O'Day v. MeyersWisconsin Supreme Court · 1911
- Sheldon v. DavidsonWisconsin Supreme Court · 1893
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