Rogers v. Cross
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee, County. Rogers, the appellant, filed his bill in the court below against Cross, respondent, and others, to whom he had sold the premises in question, and to whom he had executed deeds of warranty and seizin ; and setting forth that his grantor was well seized of the premises in question; that appellant derived title to the lands in question by conveyances made to him ; but that a deed of a portion of the premises given to a former…
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APPEAL from the Circuit Court for Milwaukee, County. Rogers, the appellant, filed his bill in the court below against Cross, respondent, and others, to whom he had sold the premises in question, and to whom he had executed deeds of warranty and seizin ; and setting forth that his grantor was well seized of the premises in question; that appellant derived title to the lands in question by conveyances made to him ; but that a deed of a portion of the premises given to a former grantee had not been recorded; that the grantor in such deed was dead, and that such deed could not be found; but that…
1Opinion of the CourtHowe, J.
This cause comes before us upon appeal, not from a final decree, but from an interlocutory order made in the court below, simply dissolving a provisional injunction; and, although upon the argument here, the whole case made by complainant’s bill was opened and discussed as if the issue was whether the court below had jurisdiction thereof, yet we have considered and determined the case solely upon the propriety of the dissolution of that injunction.
It was contended, however, that., if from the recitals in the bill it appeared to be necessary to appeal to the equitable jurisdiction of the…
2Cases cited3 opinions
- Carver v. JacksonSupreme Court of the United States · 1830
- Fitch v. BaldwinNew York Supreme Court · 1819
- New-York Dry Dock Co. v. American Life Insurance & Trust Co.New York Court of Chancery · 1844
3Cited by4 opinions
- Rountree v. DensonWisconsin Supreme Court · 1884
- Pennoyer v. AllenWisconsin Supreme Court · 1880
- Wambold v. VickWisconsin Supreme Court · 1880
- John L. Roper Lumber Co. v. HudsonSupreme Court of North Carolina · 1910