Mills v. Evansville Seminary
Wisconsin Supreme Court
APPEAL from the Circuit Court for Boole County. In September, 1859, the plaintiffs executed and delivered to the Evansville Seminary (a corporation under the laws of this state) án absolute, unconditional deed, with full warranties, of a parcel of land in the village of Evansville, in Rock county, known as “ Seminary Park,” the consideration named in the deed being $500. This action was brought in 1876 against the Evansville Seminary and the Evansville Boot & Shoe…
Read the full summary
APPEAL from the Circuit Court for Boole County. In September, 1859, the plaintiffs executed and delivered to the Evansville Seminary (a corporation under the laws of this state) án absolute, unconditional deed, with full warranties, of a parcel of land in the village of Evansville, in Rock county, known as “ Seminary Park,” the consideration named in the deed being $500. This action was brought in 1876 against the Evansville Seminary and the Evansville Boot & Shoe Manufacturing Go. The specific relief demanded in the complaint was, that the deed above described be reformed so as to express…
1Opinion of the CourtCole, J.
The claim of the appellants is, that the deed of September 14, 1859, was a grant upon condition, having been executed in pursuance of and under the previous executory contract to convey a site for a seminary; that the deed was voluntary, no consideration being paid or agreed to be paid for the land conveyed; and that the deed was executed solely for the purpose of furnishing a site for a seminary, with the express understanding of the parties thereto that when the land should cease to be used for seminary pui’poses the title should revert to the grantors. But no such condition is expressed in…
2Cases cited3 opinions
- Lawe v. HydeWisconsin Supreme Court · 1876
- Horner v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1875
- Clark v. DrakeWisconsin Supreme Court · 1851
3Cited by5 opinions
- Maginnis v. Knickerbocker Ice Co.Wisconsin Supreme Court · 1901
- Wynhoff v. VogtCourt of Appeals of Wisconsin · 2000
- Mills v. Evansville SeminaryWisconsin Supreme Court · 1881
- Mash v. BloomWisconsin Supreme Court · 1907
- Hagerty v. WhiteWisconsin Supreme Court · 1887