Legal Opinion

Conrad v. Schwamb

Wisconsin Supreme Court

Decided November 3, 1881PublishedCited by 18 opinions

APPEAL from the Circuit Court for Washington County. The plaintiffs, the widow and children of John Eelten, deceased, brought this action to recover the S. W.’ £ of the N. W. i of section 14, town 9, range 19, in the county of Washington.

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APPEAL from the Circuit Court for Washington County. The plaintiffs, the widow and children of John Eelten, deceased, brought this action to recover the S. W.’ £ of the N. W. i of section 14, town 9, range 19, in the county of Washington. It appears from the complaint, answer, and reply to an equitable counterclaim contained in the answer, that the premises claimed were, on the 10th of July, 1863, the homestead of John Eelten and his'wife, who on that day executed to the defendant Sehwamb a quitclaim deed, intending thereby to convey the same to him in fee; but by mistake the land was…

1Opinion of the CourtLyon, J.

The deed of 1863, executed by John Felten and wife to the defendant Sehwamb, although it did not convey the land intended, must be treated in equity as an executory contract by John Felten to convey such land. Eaton v. Eaton, 15 Wis., 259; Hanson v. Michelson, 19 Wis., 498; Petesch v. Hambach, 48 Wis., 443. While the land intended to be conveyed- remained the homestead of Felten and wife, the defendant could not have enforced specific performance of such executory contract, because, on the authority of the case last cited, the wife could not be compelled to sign the conveyance, and without…

2Cases cited7 opinions

  1. Wright v. YoungWisconsin Supreme Court · 1858
  2. Williams v. WilliamsWisconsin Supreme Court · 1880
  3. Petesch v. HambachWisconsin Supreme Court · 1880
  4. Hanson v. MichelsonWisconsin Supreme Court · 1865
  5. Bennett v. HarmsWisconsin Supreme Court · 1881

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

3Cited by18 opinions

  1. Vacation of Part of Town of HibbingSupreme Court of Minnesota · 1925
  2. Docter v. HellbergWisconsin Supreme Court · 1886
  3. In re HullSupreme Court of Minnesota · 1925
  4. Green Bay & Mississippi Canal Co. v. HewittWisconsin Supreme Court · 1885
  5. Rosenthal v. PleckWisconsin Supreme Court · 1918

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

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