Legal Opinion

Koepke v. Winterfield

Wisconsin Supreme Court

Decided November 28, 1902PublishedCited by 7 opinions

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…

2Cases cited15 opinions

  1. Bassett v. WarnerWisconsin Supreme Court · 1869
  2. Willard v. ReasWisconsin Supreme Court · 1870
  3. Schiffer v. City of Eau ClaireWisconsin Supreme Court · 1881
  4. McInnis v. LymanWisconsin Supreme Court · 1885
  5. Nichol v. AlexanderWisconsin Supreme Court · 1871

10 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. McArthur v. MoffetWisconsin Supreme Court · 1910
  2. Emerson v. NashWisconsin Supreme Court · 1905
  3. White v. WhiteWisconsin Supreme Court · 1907
  4. Chicago, St. Paul, Minneapolis & Omaha Railway Co. v. Douglas CountyWisconsin Supreme Court · 1908
  5. Faller v. Davis Et Ux.Supreme Court of Oklahoma · 1911

2 more not listed; retrieve them via the Exa API.

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