McLennan v. Prentice
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. The following statement of the case was prepared, by Mr. Justice Tatloe as a part of 'the opinion: In the complaint of the appellant, the plaintiff in the court below, there were two causes of action stated at length.
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APPEAL from the Circuit Court for Ashland County. The following statement of the case was prepared, by Mr. Justice Tatloe as a part of 'the opinion: In the complaint of the appellant, the plaintiff in the court below, there were two causes of action stated at length. The first cause of action was, in substance, an action to recover for a breach of the covenants in a deed of the defendant, by which the defendant undertook to convey to the plaintiff lots 1, 2, 3, 4, 5, and 6, in block 23, in the city of Ashland, for a consideration mentioned in said deed of $6,000. In this cause of action the…
1Opinion of the CourtTaylor, J.
As stated above, we shall not consider upon this appeal whether the defendant made any false represen-tions in regard to the title or quantity of land contained in said block 23.
*128After reading all the evidence contained in the record, it seems to ns very clear that the learned judge erred in finding that the defendant, at the time he made the conveyance of block 23 to the plaintiff, was the owner of said block in fee; and, second, in finding that there was no breach of the covenants contained in defendant’s deed to the plaintiff. On the trial of the action there was no evidence introduced on…
2Cases cited11 opinions
- Ayres v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Taft v. KesselWisconsin Supreme Court · 1862
- Mecklem v. BlakeWisconsin Supreme Court · 1868
- McInnis v. LymanWisconsin Supreme Court · 1885
- Nichol v. AlexanderWisconsin Supreme Court · 1871
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3Cited by3 opinions
- Wallace v. PerelesWisconsin Supreme Court · 1901
- Koepke v. WinterfieldWisconsin Supreme Court · 1902
- McLennan v. PrenticeWisconsin Supreme Court · 1891