Legal Opinion

Ecke v. Fetzer

Wisconsin Supreme Court

Decided January 12, 1886PublishedCited by 17 opinions

APPEAL from the Circuit Court for Door County. The case is sufficiently stated in the opinion. The defendant appealed from a judgment in favor of the plaintiff that he recover possession of the land and $180.40, rents and profits, besides the costs of the action. - To the point that the covenant to pay Tor the improvements runs with the land, and the defendant has the same remedies against the plaintiff as against his immediate lessors, the McCormicks, or Sohn, they cited…

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APPEAL from the Circuit Court for Door County. The case is sufficiently stated in the opinion. The defendant appealed from a judgment in favor of the plaintiff that he recover possession of the land and $180.40, rents and profits, besides the costs of the action. - To the point that the covenant to pay Tor the improvements runs with the land, and the defendant has the same remedies against the plaintiff as against his immediate lessors, the McCormicks, or Sohn, they cited sec. 2195, R. S.; Hunt v. DcmfoHh, 2 Curt. C. C. 592; 5 Wis. Leg. News, No. 44 (July 26, 1883); Frederick v. Callahan, 40…

1Opinion of the CourtTaylob, J.

This is an action of ejectment, brought by the respondent to recover of the defendant (the appellant) about two acres of land. The defendant claimed to be in possession under a lease from the remote grantor of the plaintiff, and claims that, by the terms of his lease, he is entitled to pay for a building erected by him on the leased premises, and to retain possession until such payment is made.

The undisputed facts are that on August 29,1867, Joseph McCormick and his wife were the owners in fee of the lands in question, and on that day they, by a written lease, let the premises, which were…

2Cases cited3 opinions

  1. Hopkins v. GilmanWisconsin Supreme Court · 1868
  2. Hopkins v. GilmanWisconsin Supreme Court · 1879
  3. Bailie v. RodwayWisconsin Supreme Court · 1870

3Cited by17 opinions

  1. Sassen v. HaegleSupreme Court of Minnesota · 1914
  2. B. Roth Tool Co. v. Champ Spring Co.Missouri Court of Appeals · 1902
  3. Gardner v. SamuelsCalifornia Supreme Court · 1897
  4. Mann v. CorringtonSupreme Court of Iowa · 1894
  5. Northern Pacific Railway Co. v. McClureNorth Dakota Supreme Court · 1899

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