Koepke v. Winterfield
Wisconsin Supreme Court
Appeal from an order of tlie circuit court for Milwaukee-county: Lawrence W. Halsey, Circuit Judge. This is an appeal from an order overruling a demurrer to-the complaint alleging two causes of action.
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Appeal from an order of tlie circuit court for Milwaukee-county: Lawrence W. Halsey, Circuit Judge. This is an appeal from an order overruling a demurrer to-the complaint alleging two causes of action. The first cause-of action is to the effect that in consideration of the conveyance of a house and lot, described, to the defendant (with an incumbrance thereon), of the value of $800, the defendant executed, acknowledged, and delivered to the plaintiff a warranty deed, with full covenants, of 160 acres of land, described, Jannary 15, 1901; that the land was at the time wild: and unoccupied, and…
1Opinion of the Court
Cassoday, O. J.
Fothing need be said as to the fourth -ground of demurrer. The complaint only attempts to state .two separate causes of action. There is no pretense that the * complaint, as a whole, states any other cause of action.
2. The contention that the facts alleged are insufficient'to -constitute a cause of action for a breach of the covenant of -seisin is without foundation. The-fact that tax deeds do not •always divest the title of the original owner is without significance, since it is alleged that the defendant never had the -.actual or constructive possession, nor any title nor…
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