Platto v. Cady
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaulcee County. The complaint in this case, wMch was filed in 1859, alleged that the plaintiff, Platto, had an estate, as tenant for a term of years, in certain premises therein described, which term would expire on the first day of May, 1861; that he was entitled to the possession of said premises; and that the defendant unlawfully withheld the possession thereof from Mm.
Read the full summary
APPEAL from the Circuit Court for Milwaulcee County. The complaint in this case, wMch was filed in 1859, alleged that the plaintiff, Platto, had an estate, as tenant for a term of years, in certain premises therein described, which term would expire on the first day of May, 1861; that he was entitled to the possession of said premises; and that the defendant unlawfully withheld the possession thereof from Mm. The defendant demurred to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action, and specified the following objections : “ 1. It does not…
1Opinion of the Court
By the Court,
Paine, J.
One Herring was the owner of a dwelling house upon a lot of which he had a lease. He was a married man, and occupied this dwelling house as his homestead. He sold the house to Platto, executing a bill of sale, and also assigned to him the lease, the wife not signing either the bill of sale or the assignment. He afterwards sold both the house and lease to Cady, the wife joining in the conveyances. This is a contest between Cady and Platto for the property, and it depends entirely on the question, whether the transfer to Platto was within the disability against alienating…
2Cited by5 opinions
- Wilder v. HaugheySupreme Court of Minnesota · 1874
- Godfrey v. ThorntonWisconsin Supreme Court · 1879
- Maloy Et Ux. v. Wm. Cameron Co.Supreme Court of Oklahoma · 1911
- McCabe v. MazzuchelliWisconsin Supreme Court · 1861
- Chopin v. RunteWisconsin Supreme Court · 1890