Robertson v. Kinkhead
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. Action against William Sturges, Rowland Ellis, Henry P. George and J. D. Kinkhead, to remove a cloud upon plaintiff’s title to land. The defendant Kinkhead claimed under a deed from William Sturges, dated January 14,1857. The plaintiff claimed under a sale upon execution, made in December, 1857, to satisfy a judgment in favor of Henry P. George against William Sturges and Rowland* Ellis.
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APPEAL from the Circuit Court for Iowa County. Action against William Sturges, Rowland Ellis, Henry P. George and J. D. Kinkhead, to remove a cloud upon plaintiff’s title to land. The defendant Kinkhead claimed under a deed from William Sturges, dated January 14,1857. The plaintiff claimed under a sale upon execution, made in December, 1857, to satisfy a judgment in favor of Henry P. George against William Sturges and Rowland* Ellis. The writ of attachment had been issued in the suit of George against Sturges and Ellis, and on the 16th of October, 1856, the sheriff returned the writ with an…
1Opinion of the CourtCole, J.
In this case the court are all agreed upon the point that there must be a reversal of the judgment, but there is a serious difference of opinion as to-the reasons or ground for such reversal. The majority think that the levy under the writ of attachment was sufficient' to hold the interest of William Sturges in the lands mentioned in the return of the officer; that the subsequent deed executed by him to Kinkhead does not even constitute a cloud upon the plain*563tiff’s title; and that, consequently, this action is unnecessary for the protection of his rights.
The question material to be considered…
2Cases cited6 opinions
- Whitney v. BrunetteWisconsin Supreme Court · 1862
- Johnson v. MossNew York Supreme Court · 1838
- Falkner v. GuildWisconsin Supreme Court · 1860
- Williams v. StewartWisconsin Supreme Court · 1854
- Bank of the North West v. TaylorWisconsin Supreme Court · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wells v. American Express Co.Wisconsin Supreme Court · 1882
- Cousins v. AlworthSupreme Court of Minnesota · 1890
- Cox v. North Wisconsin Lumber Co.Wisconsin Supreme Court · 1892
- Wiley v. C. Aultman & Co.Wisconsin Supreme Court · 1881
- Horton v. MonroeMichigan Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.