Turner v. Pierce
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. On the 22d of October, 1863, tbe plaintiff, Daniel B. Turner, and Josiah Pierce, one of tbe defendants, entered into a written contract for tbe sale and conveyance of lands by tbe former to the latter.
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APPEAL from tbe Circuit Court for Dane County. On the 22d of October, 1863, tbe plaintiff, Daniel B. Turner, and Josiah Pierce, one of tbe defendants, entered into a written contract for tbe sale and conveyance of lands by tbe former to the latter. Tbe lands described in said contract are: tbe S. 1-2 of S. W. 1-4 of Sec. 11; tbe N. W. 1-4 of Sec. 14; tbe S. E. 1-4 of N. W. 1-4 and S. W. 1-4 of N. E. 1-4 of Sec. 10; and tbe N. E. 1-4 of tbe S. W. 1-4 of Sec. 21 — all in T. 9 N. of R. 9 E.; and also a certain tract described by metes and bounds in tbe N. E. 1-4 of Sec. 14 in tbe same town; tbe…
1Opinion of the CourtCole, J.
We think the evidence in this case1 most clearly and conclusively shows that the action was prematurely 'brought. It was commenced on the 5th of March, 1866, to foreclose the contract, because the defendant was in default for not making payment according to its stipulations. And it is very plain to us that nothing at this time was due upon it. For, putting out of view for the moment what subsequently occurred, showing that the plaintiff had no title to three fourths of the *353land in section fourteen wbicb be assumed to sell, it is admitted that tbe note and mortgage given by the defendant on…
2Cases cited5 opinions
- Cogswell v. ColleyWisconsin Supreme Court · 1867
- Orton v. NoonanWisconsin Supreme Court · 1872
- Vail v. RemsenNew York Court of Chancery · 1838
- Pulling v. Board of Supervisors of Columbia CountyWisconsin Supreme Court · 1854
- Penman v. . SlocumNew York Court of Appeals · 1869
3Cited by9 opinions
- American Bonding & Trust Co. v. Gibson CountyCourt of Appeals for the Sixth Circuit · 1906
- Lilly v. O'BrienCourt of Appeals of Kentucky (pre-1976) · 1928
- Hannan v. EngelmannWisconsin Supreme Court · 1880
- Kearney v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1879
- O'Brien v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1903
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