Eaton v. Lyman
Wisconsin Supreme Court
ERROR to the Circuit Court for Winnebago County. In September, 1860, Lyman executed to one Prickles a deed of certain land, with, full covenants. In 1864, Eaton, upon a tax-deed, executed in 1868 upon a sale made in. 1851, recovered a judgment for the possession of the land against Prickles, Lyman appearing by attorney and defending the suit.
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ERROR to the Circuit Court for Winnebago County. In September, 1860, Lyman executed to one Prickles a deed of certain land, with, full covenants. In 1864, Eaton, upon a tax-deed, executed in 1868 upon a sale made in. 1851, recovered a judgment for the possession of the land against Prickles, Lyman appearing by attorney and defending the suit. The taxed costs against Prickles in this suit were about $43. Prickles was actually evicted in February, 1865. Afterward he executed to Baton an instrument which, after reciting the facts above mentioned, proceeds: “Now, therefore, in consideration of…
1Opinion of the CourtDxxoN, C. J.
The learned judge of the circuit court erred in his conclusion of law that the plaintiff in error, who was the plaintiff below, was entitled to recover only nominal damages; and that error was the necessary result of the erroneous conclusion of law which preceded it, which was, that the assignment by Frickles to Baton of his (Prickles’) right of action upon the covenants contained in the defendant Lyman) s deed was not equivalent to the payment, by Prickles to Baton, of the consideration money agreed upon between them for the land when Baton sold and conveyed it to Prickles, after the…
2Cited by5 opinions
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