Evans v. Enloe
Wisconsin Supreme Court
APPEAL from the Circuit Court for Hook County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an action of ejectment [commenced August 25, 1884] to recover 220 acres of land described. The complaint is in the statutory form. At first the answer was merely a general denial. Upon the trial of that issue, there was a verdict and judgment in favor of the plaintiff for the ejectment of the defendants and six cents damages and costs.
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APPEAL from the Circuit Court for Hook County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an action of ejectment [commenced August 25, 1884] to recover 220 acres of land described. The complaint is in the statutory form. At first the answer was merely a general denial. Upon the trial of that issue, there was a verdict and judgment in favor of the plaintiff for the ejectment of the defendants and six cents damages and costs. That judgment was affirmed by this court. 64 Wis. 671. The defendants thereupon paid the costs, and gave the requisite bond for a…
1Opinion of the Court
The following opinion was filed November 1, 188?:
Cassoday, J.
We are all agreed that the findings of the trial court are sustained by the evidence. This being so, the right of the defendants to the possession of the land in question depends upon the legal effect of the warranty deed from Enoch Enloe and wife to Hodges, and the bond given back by Hodges to Enloe in regard to the possession for a year, and the payment of the purchase price. Such effect is fully stated in the opinion on the former appeal, and need not be here repeated: 64 Wis. 673. Manifestly, it was an absolute purchase, as held…
2Cases cited3 opinions
- Willison v. WatkinsSupreme Court of the United States · 1830
- Peyton v. StithSupreme Court of the United States · 1831
- Evans v. EnloeWisconsin Supreme Court · 1885
3Cited by2 opinions
- Blumberg v. BeekmanMichigan Supreme Court · 1899
- Loveless v. Erie RailroadOhio Court of Appeals · 1914