Legal Opinion

Webb v. Seekins

Wisconsin Supreme Court

Decided December 16, 1884PublishedCited by 2 opinions

APPEAL from the Circuit Court for Sheboygan County. The case is thus stated by Mr. Justice Cassoday: “This action was commenced March 20, 1884, for the unlawful detainer of a farm. The plaintiff failed to recover in the justice’s court.

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APPEAL from the Circuit Court for Sheboygan County. The case is thus stated by Mr. Justice Cassoday: “This action was commenced March 20, 1884, for the unlawful detainer of a farm. The plaintiff failed to recover in the justice’s court. On appeal the cause was tried without a jury, and it was found by the court, in effect, (1) that Pebruary 20, 1884, Jerome Seekins and wife, parents of the defendant, deeded the farm to the plaintiff; (2) that there was no contract of purchase between the defendant and Jerome Seekins as alleged in the answer; (3) that October 8, 1883, the defendant was in…

1Opinion of the CourtCassoday, J.

The plaintiff, as grantee of Jerome Seekins and wife, is entitled to the same remedy as his grantor might have had if the conveyance had not been made. Sec. 2194, R. S.; Bennett v. Robinson, 27 Mich. 26. This provision extends uas well to grants, or leases in fee reserving rents, as to leases for life and for years.”. Sec. 2195. This being so, we must treat the case the same as though it had been brought by Jerome Seekins.

"VVe ñnd nothing in the testimony which would authorize us to disturb any of the findings of fact. It follows that the defendant cannot be regarded as having a contract for…

2Cases cited2 opinions

  1. Bennett v. RobinsonMichigan Supreme Court · 1873
  2. Brown v. KayserWisconsin Supreme Court · 1884

3Cited by2 opinions

  1. Maxham v. StewartWisconsin Supreme Court · 1907
  2. Imler v. BaenishWisconsin Supreme Court · 1889

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