Scheuer v. Chloupek
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Manitowoc county: Michael Kirwan, Circuit Judge. This is an action in equity to reform the description of land in a warranty deed executed by Adolph Chloupek and Anna Ghloupeh, his wife, to the plaintiff December 26, 1895. 'The land in question is situated in Manitowoc county near the village of Mishicott, and is part of a tract of thirty-eight -acres which, on and prior to August 8, 1895, was owned by Adolph Chloupek.
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Appeal from a judgment of the circuit court for Manitowoc county: Michael Kirwan, Circuit Judge. This is an action in equity to reform the description of land in a warranty deed executed by Adolph Chloupek and Anna Ghloupeh, his wife, to the plaintiff December 26, 1895. 'The land in question is situated in Manitowoc county near the village of Mishicott, and is part of a tract of thirty-eight -acres which, on and prior to August 8, 1895, was owned by Adolph Chloupek. On the day last named he caused a portion of it to be surveyed and stakes to be driven to mark the •corners of lots, blocks, and…
1Opinion of the CourtWinslow, J.
We shall spend little time upon the questions of fact in the present case. Examination of the bill of ■exceptions satisfies us that the court was entirely justified in holding that it was clearly proven that a mutual mistake was made by Chloupek and the plaintiff at the time of the plaintiff’s purchase, and that the tract actually pointed out to the plaintiff by Chloupek and supposed- by both parties to be bought and described in the deed afterwards delivered was the tract inelilded within the dotted lines in the plat.
There are two other questions in the case, however, which demand some…
2Cases cited3 opinions
- Conrad v. SchwambWisconsin Supreme Court · 1881
- Petesch v. HambachWisconsin Supreme Court · 1880
- Youmans v. Wagener & Co.Supreme Court of South Carolina · 1889
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