Fox v. Williams
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county; J. 0. Ludwig, Judge. This action is in the nature of an action quia timei against a party setting up a claim to the title of land.
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Appeal from a judgment of the superior court of Milwaukee county; J. 0. Ludwig, Judge. This action is in the nature of an action quia timei against a party setting up a claim to the title of land. The complaint shows that on December 3, 1892, the plaintiffs gave the defendant a writing, of which the following is a copy: “Received of William M. Williams one hundred dollars ■($100), to close bargain on twenty-five (25) acres of Bedessen farm, at ten thousand dollars ($10,000). O. H. Lewis, per Mrs. C. H. Lewis.” It further shows that the plaintiffs are the owners of the legal title and in…
1Opinion of the Court
Newman, J".
It seems to be conceded, as seems evidently the fact, that the writing set out in the complaint is void and does not amount to a contract, and so is not, even apparently, a cloud upon the plaintiffs’ title. So, independently of the statute (R. S. sec. 3186; Law's of 1893, ch. 88), the complaint fails to state a cause of action entitling the plaintiffs to relief of the character asked; for there are many cases in this court which hold that equity will not interfere to set aside, as a cloud upon title, an instrument which upon its face appears to be void. Moore v. Cord, 14 Wis. 213;…
2Cases cited9 opinions
- Pier v. City of Fond du LacWisconsin Supreme Court · 1875
- Hart v. SmithWisconsin Supreme Court · 1878
- Moore v. CordWisconsin Supreme Court · 1861
- S. L. Sheldon Co. v. MayersWisconsin Supreme Court · 1892
- Brown v. CohnWisconsin Supreme Court · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Masser v. the London Operating Co.Supreme Court of Florida · 1932
- Davenport v. StephensWisconsin Supreme Court · 1897
- Kimball v. Baker Land & Title Co.Wisconsin Supreme Court · 1913
- Chicago Auditorium Ass'n v. WillingCourt of Appeals for the Seventh Circuit · 1927
- Casgrain v. HammondMichigan Supreme Court · 1903
9 more not listed; retrieve them via the Exa API.