Messer v. Oestreich
Wisconsin Supreme Court
APPEAL from the Circnit Court for Jefferson County. Action to recover damages for an Alleged breach of the covenant of seizin in a deed of fifty-three acres of land, executed by the defendant and his wife to the plaintiff, September 8, 1879, in consideration of $2,925, paid by the plaintiff to the defendant, in pursuance of a contract in writing made by the parties March 30, 1872, by which the defendant gave to the plaintiff possession of the premises, and covenanted and…
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APPEAL from the Circnit Court for Jefferson County. Action to recover damages for an Alleged breach of the covenant of seizin in a deed of fifty-three acres of land, executed by the defendant and his wife to the plaintiff, September 8, 1879, in consideration of $2,925, paid by the plaintiff to the defendant, in pursuance of a contract in writing made by the parties March 30, 1872, by which the defendant gave to the plaintiff possession of the premises, and covenanted and agreed that upon payment of said consideration he would cause to be executed and delivered to the plaintiff a good and…
1Opinion of the CourtCassoday, J.
The deed from the appellant to the respondent is in the form prescribed by section 2208, R. S., for a “ warranty deed.” That section provides, that such deed shall have the effect of a conveyance in fee simple to the grantee, his heirs aud assigns, of the premises therein named, together with all the appurtenances, rights and privileges thereto belonging, with a covenant from the grantor, his heirs and personal representatives, that he is lawfully seized of the premises and has a good right to convey the same; that he guaranties the grantee, his heirs and assigns, in the quiet possession…
2Cases cited25 opinions
- Morris v. SmithTennessee Supreme Court · 1849
- French v. PearceSupreme Court of Connecticut · 1831
- Pitcher v. LivingstonNew York Supreme Court · 1809
- Staats v. Executors of Ten EyckNew York Supreme Court · 1805
- Stanley v. GreenCalifornia Supreme Court · 1859
20 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Mendota Club v. AndersonWisconsin Supreme Court · 1899
- Pollnow v. Department of Natural ResourcesWisconsin Supreme Court · 1979
- Poposkey v. MunkwitzWisconsin Supreme Court · 1887
- Combs v. ScottWisconsin Supreme Court · 1890
- Docter v. HellbergWisconsin Supreme Court · 1886
32 more not listed; retrieve them via the Exa API.