Platto v. Gettelman
Wisconsin Supreme Court
APPEAL from the Superior Court of Milwaukee County. Action to restrain the removal of certain buildings from premises owned by the plaintiff and leased to the defendant. The facts are sufficiently stated in the opinion. The plaintiff appeals from a judgment in favor of the defendant. contended, inter alia, that Martin and wife, by excepting the improvements from their assignment and vacating the premises, surrendered the same, which thereby became a part of the realty.
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APPEAL from the Superior Court of Milwaukee County. Action to restrain the removal of certain buildings from premises owned by the plaintiff and leased to the defendant. The facts are sufficiently stated in the opinion. The plaintiff appeals from a judgment in favor of the defendant. contended, inter alia, that Martin and wife, by excepting the improvements from their assignment and vacating the premises, surrendered the same, which thereby became a part of the realty. Bailey v. Wells, 8 Wis. 141; Wood, Landl. & T. secs. 498, 504; 1 Parsons, Cont. (6th ed.), 537; Levering v. Langley, 8 Minn.…
1Opinion of the CourtObtoN, J.
One Eobert Martin and wife, August 10,1880, leased of the plaintiff a part of a certain lot in the city of Milwaukee, which was unimproved ground, for the term of *108five years from September 1,1880. There was a mortgage clause in said lease, whereby the said Martin and wife mortgaged “ all buildings erected or placed upon said premises,” together with other personal property, to secure the rent. The said lessees erected on said ground a light two-story wooden building, woodshed, and appurtenances for their business of a saloon, and so erected as to be subject to removal without injury to the…
2Cited by3 opinions
- Hart v. HartWisconsin Supreme Court · 1903
- State ex rel. Hansen Storage Co. v. BoddenWisconsin Supreme Court · 1917
- Hanson v. RyanWisconsin Supreme Court · 1925