McLennan v. Prentice
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. The case sufficiently appears from the opinion. The plaintiff appeals from an order granting a new -trial. They contended that the affidavits produced by the defendant on the application for a new trial did not show what new proof of title he could produce on another trial, while the documentary evidence then produced by plaintiff showed conclusively that he had not good title.
1Opinion of the CourtOrton, J.
The original action of the appellant was in covenant for the breach of the covenants of the respondent’s deed to him of certain premises, and to recover the purchase money and interest as in case of eviction, the lots being vacant. The court rendered judgment in favor of the respondent on the ground that the appellant had failed to prove that the respondent had not a good title when said deed was made, having ruled that it was incumbent on the appellant to so prove, and not on the respondent to prove that he had a good title at that time. This court, on appeal, reversed the judgment, holding…
2Cases cited2 opinions
- McLennan v. PrenticeWisconsin Supreme Court · 1890
- Helms v. ChadbourneWisconsin Supreme Court · 1880