Legal Opinion

Andrews v. Fluekiger

Wisconsin Supreme Court

Decided January 7, 1919PublishedCited by 2 opinions

Appeal from a judgment of the circuit court for Rock county: George Grimm, Circuit Judge. The judgment appealed from is one in favor of the plaintiff for the foreclosure of a land contract. The plaintiff, Cora M. Andrews, and one Avis L. Chapman were sisters and lived together at all the times here in question. On August 8, 1907, Mrs. Chapman held the record title to about forty acres of unimproved land near the city of Beloit in Rock county, Wisconsin.

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Appeal from a judgment of the circuit court for Rock county: George Grimm, Circuit Judge. The judgment appealed from is one in favor of the plaintiff for the foreclosure of a land contract. The plaintiff, Cora M. Andrews, and one Avis L. Chapman were sisters and lived together at all the times here in question. On August 8, 1907, Mrs. Chapman held the record title to about forty acres of unimproved land near the city of Beloit in Rock county, Wisconsin. Plaintiff, Mrs. Andrews, at that time held a mortgage against the same, executed'to her by Mrs. Chapman. On said date a land contract was…

1Opinion of the CourtEschweiler, J.

It was conceded on the trial and found by the court to be the fact, that at the time of the execution of the land contract in 1907 all the parties thereto were competent to contract, and it is unquestioned that a good and merchantable title could have been then conveyed. So that if there be any cloud or incumbrance upon the title to this property it must be based upon facts occurring or situations arising subsequent to the execution of said land contract.

So far as defendants were concerned, their rights under the land contract of 1907 were not impaired or altered by the conveyance from Mrs.…

2Cases cited14 opinions

  1. McIndoe v. MormanWisconsin Supreme Court · 1870
  2. First African Methodist Episcopal Society v. BrownMassachusetts Supreme Judicial Court · 1888
  3. Zunker v. KuehnWisconsin Supreme Court · 1902
  4. Harrass v. EdwardsWisconsin Supreme Court · 1896
  5. Tripp v. SielerSouth Dakota Supreme Court · 1917

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

3Cited by2 opinions

  1. Venisek v. DraskiWisconsin Supreme Court · 1967
  2. S. S. Kresge Co. v. Garrick Realty Co.Wisconsin Supreme Court · 1932

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