Wickman v. Robinson
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane. County. Tbe complaint, wbicb was filed in April, 1860, stated that in October, 1856, tbe plaintiff and tbe defendant Robinson entered into an agreement under seal, wbicb was duly acknowledged and recorded in July, 1858, whereby tbe plaintiff agreed, among other things, to break up and sow a certain tract of land (commencing tbe work in tbe spring of 1857), and to cultivate it for five years, delivering one-tbird of tbe crop to…
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APPEAL from tbe Circuit Court for Dane. County. Tbe complaint, wbicb was filed in April, 1860, stated that in October, 1856, tbe plaintiff and tbe defendant Robinson entered into an agreement under seal, wbicb was duly acknowledged and recorded in July, 1858, whereby tbe plaintiff agreed, among other things, to break up and sow a certain tract of land (commencing tbe work in tbe spring of 1857), and to cultivate it for five years, delivering one-tbird of tbe crop to Robinson, and also to help fence a certain other tract, and to furnish Robinson board and washing on tbe premises for tbe term…
1Opinion of the Court
By the Court,
Paine, J.
This appeal presents the question whether one who has made a contract for the purchase of real estate, and has paid part of the purchase money, has an equitable lien on the land for the amount paid, in case a completion of the contract is prevented by the default or wrongful act of the vendor. It must be conceded that there are not many eases where such a right has been sought to be *496erL^orce^> ^e right itself has been frequently recognized courts, and referred to as established by elementary writers. The following cited by the appellant’s counsel, may serve as…
2Cases cited1 opinion
- In re HoweNew York Court of Chancery · 1828
3Cited by13 opinions
- Elterman v. . HymanNew York Court of Appeals · 1908
- Taft v. KesselWisconsin Supreme Court · 1862
- Flickinger v. . GlassNew York Court of Appeals · 1918
- Liskey v. SnyderWest Virginia Supreme Court · 1904
- Waukesha Savings, Building & Loan Ass'n v. HamillWisconsin Supreme Court · 1931
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