McClellan v. Scott
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. Action (commenced in 1864) to restrain the defendant Fox, as sheriff of said county, from issuing a deed for certain land sold on a judgment against the Kenosha & Rockford Railroad Company, to annul the sale and certificate, and to have a conveyance of said land, previously executed by the plaintiff to said railroad company, adjudged to be void.
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APPEAL from the Circuit Court for Kenosha County. Action (commenced in 1864) to restrain the defendant Fox, as sheriff of said county, from issuing a deed for certain land sold on a judgment against the Kenosha & Rockford Railroad Company, to annul the sale and certificate, and to have a conveyance of said land, previously executed by the plaintiff to said railroad company, adjudged to be void. The facts found by the circuit court were as follows: In June, 1857, plaintiff sold and conveyed the land to said railroad company, receiving therefor certificates of the capital stock of said company…
1Opinion of the CourtCole, J.
The circuit court, in effect, found, as matters of fact, that the agents and officers of the railroad company made certain material false and fraudulent repre*85sentations to the plaintiff concerning the financial condition of the company, the value of its property, etc., to induce him to execute the conveyance to the company; and that the plaintiff relied upon these representations, and believed them to be true, when he conveyed his land to the company and received its capital stock in payment therefor. That these facts are fully and abundantly established by the evidence, no one can doubt,…
2Cases cited1 opinion
- Mead v. . BunnNew York Court of Appeals · 1865
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