Jones v. Pease
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. The judgment of the court in the preceding cause required the defendant, within ten days after written notice thereof, to execute and deliver to the clerk of said court a deed to plaintiff of one half of the mill property described in the complaint, and also a bond for the reconveyance, on certain conditions, of the land conveyed to him by plaintiff.
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APPEAL from the Circuit Court for Dodge County. The judgment of the court in the preceding cause required the defendant, within ten days after written notice thereof, to execute and deliver to the clerk of said court a deed to plaintiff of one half of the mill property described in the complaint, and also a bond for the reconveyance, on certain conditions, of the land conveyed to him by plaintiff. It also required the plaintiff, on notice of the delivery of such deed and bond, to deliver to the clerk certain instruments by him to be executed to the defendant, according to the oral agreement…
1Opinion of the CourtDixon, C. J.
The judgment directs the execution and delivery of a deed of the undivided half of the mill property, but does not in terms require the defendant to give possession to the plaintiff The possession will follow the deed, when that has been properly delivered to the plaintiff pursuant to the j udgment; but it cannot be lawfully demanded or enforced before such delivery. Eor this reason it is not a case within the provisions of section 25, chap. 264, Laws of 1860, under which the order for further security was made. It is governed by the preceding section 24 of the same chapter. The defendant…
2Cases cited1 opinion
- Hudson v. SmithWisconsin Supreme Court · 1859
3Cited by1 opinion
- Hedberg v. DettlingWisconsin Supreme Court · 1929