Eaton v. Lyman

This action has already been before this court, and the judgment was reversed for error in the rule of damages adopted by the court below. 24 Wis. 438-441. It seems to us that the court has, on a *62second trial, committed the same error again. The plaintiff sues as assignee of a right of action for a breach of covenants of seizin and against incumbrances in a deed given bj the defendant to one Erickles. The plaintiff had brought an action of ejectment against Erickles, claiming the land under a paramount title, and in that action he recovered a judgment, and Erickles was ousted. But Erickles…