Booth v. Ryan
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. Foreclosure of a mortgage. Tbe premises conveyed by tbe mortgage were a lot in the city of Milwaukee, with dwelling thereon. On the 7th of May, 1866, the plaintiff and Ms wife conveyed said premises to tbe defendant B. Gr.
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APPEAL from tbe Circuit Court for Milwaukee County. Foreclosure of a mortgage. Tbe premises conveyed by tbe mortgage were a lot in the city of Milwaukee, with dwelling thereon. On the 7th of May, 1866, the plaintiff and Ms wife conveyed said premises to tbe defendant B. Gr. Ryan, by a deed containing covenants of seizin and of general warranty, in tbe usual form, in consideration of tbe principal sum of $5,500 ; and said defendant paid $500 of that sum at tbe time, and executed bis bond and tbe mortgage bere in suit, to secure payment of tbe remainder. By tbe terms of tbe instruments, $750…
1Opinion of the CourtDixon, C. J.
The defendant does not claim a rescission of the contract, and that the deed, bond and mortgage be set aside and the parties restored to their original position, because of the failure of the plaintiff’s title at the time of his conveyance to the defendant. Executory agreements for the purchase or conveyance of land may be rescinded on that ground, and the contracts cancelled, but as to executed agreements, or conveyances made and possession delivered or taken under them, the rule is different, and the power has never been exercised. In such case, the rule of caveat emplor applies, and mere…
2Cited by15 opinions
- Richardson v. LoweCourt of Appeals for the Eighth Circuit · 1906
- Buntrock v. HoffmanWisconsin Supreme Court · 1922
- Smith v. HughesWisconsin Supreme Court · 1880
- Grant Marble Co. v. AbbotWisconsin Supreme Court · 1910
- Brown v. Gordon-Tiger Co.Supreme Court of Colorado · 1908
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