Lawe v. Hyde
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagarme County. The complaint in this action alleged, in substance, that on or about August 3, 1848, “ The Lawrence University of Wisconsin ” “ proposed to erect and maintain at Appleton a collegiate institute, and the plaintiff, being interested in the growth of Appleton, made a donation of certain lands to said university, for the objects and pui’poses of said institution, and for no other, and upon the condition that such lands were not…
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APPEAL from the Circuit Court for Outagarme County. The complaint in this action alleged, in substance, that on or about August 3, 1848, “ The Lawrence University of Wisconsin ” “ proposed to erect and maintain at Appleton a collegiate institute, and the plaintiff, being interested in the growth of Appleton, made a donation of certain lands to said university, for the objects and pui’poses of said institution, and for no other, and upon the condition that such lands were not , and should not become the absolute property of said university, to be sold or transferred as it might see fit, or to…
1Opinion of the Court
The following opinion was filed February 29, 1876.
RtaN, C. J.
The complaint purports to be against Mr. Lawrence, the grantee of the respondent, the University and the appellant, in equity, for reformation of the condition subsequent in the respondent’s deed, for forfeiture for condition broken, and for possession. Aside from the statute of limita*353tions, a proceeding in equity to enforce a forfeiture cannot be sustained. Clark v. Drake, 3 Pin., 228.
The case was argued at tbe bar as an action of ejectment for forfeiture for breach of the condition as it stands in the deed. And it was stated that…
2Cases cited12 opinions
- Horner v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1875
- Morse v. Buffalo Fire & Marine InsuranceWisconsin Supreme Court · 1872
- Dietrich v. KochWisconsin Supreme Court · 1874
- Jackson ex rel. Stevens v. SilvernailNew York Supreme Court · 1818
- State ex rel. Holden v. TierneyWisconsin Supreme Court · 1868
7 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Roberts v. Lynn Ice Co.Massachusetts Supreme Judicial Court · 1905
- Maginnis v. Knickerbocker Ice Co.Wisconsin Supreme Court · 1901
- State v. City of MilwaukeeWisconsin Supreme Court · 1911
- Polebitzke v. John Week Lumber Co.Wisconsin Supreme Court · 1914
- Strong v. ShattoCalifornia Court of Appeal · 1919
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