North v. Henneberry
Wisconsin Supreme Court
APPEAL from the Circuit Court for Eau Claire County. The case is thus stated by Mr. Justice Taylor: This action was brought to recover the undivided one-half of two city lots, situate in the city of Eau Claire.
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APPEAL from the Circuit Court for Eau Claire County. The case is thus stated by Mr. Justice Taylor: This action was brought to recover the undivided one-half of two city lots, situate in the city of Eau Claire. It is admitted that previous to the 23d day of September, 1861, the title to the premises claimed was in one "William Powers; and that, previous to that date, said Powers had duly executed and delivered to the defendant lEenneberry a power of attorney authorizing him to sell and convey the title of Powers in and to said lots. On the 23d day of September, 1861, Henneberry made, executed…
1Opinion of the CourtTaylor, J.
The appellant insists that if the deed of Hen-*312neberry to O’Meara did. not convey to him the title of Powers, still it was a valid deed, and that, by virtue of the covenants therein contained, the after-acquired title of Henneberry inured to the benefit of O’Meara and his assigns.
The respondents claim that it is not the deed of Powers, and is entirely void as a deed of Henneberry in person.
We agree with the respondents that the deed is not the deed of William Powers, and did not convey the legal title of Powers to the grantee, O’Meara; and that Powers was not estopped at law from setting up a…
2Cases cited22 opinions
- Duvall v. CraigSupreme Court of the United States · 1817
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Waring v. SmythNew York Court of Chancery · 1847
- Caffrey v. DudgeonIndiana Supreme Court · 1872
- Van Etta v. EvensonWisconsin Supreme Court · 1871
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3Cited by9 opinions
- Knauf & Tesch Co. v. Elkhart Lake Sand & Gravel Co.Wisconsin Supreme Court · 1913
- Clark v. CreswellCourt of Appeals of Maryland · 1910
- Kimball v. Baker Land & Title Co.Wisconsin Supreme Court · 1913
- Fuller v. GreenWisconsin Supreme Court · 1885
- City of La Crosse v. CameronCourt of Appeals for the Seventh Circuit · 1897
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