Flannigan v. Goggins
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Replevin. The facts are stated in tlie opinion. At the close of the plaintiff’s testimony a motion for a nonsuit was granted, and from the judgment dismissing the complaint the plaintiff appealed. They contended, inter alia, that assent to the delivery of the deed to the defendant in escrow was given by both parties thereto.
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APPEAL from the Circuit Court for Winnebago County. Replevin. The facts are stated in tlie opinion. At the close of the plaintiff’s testimony a motion for a nonsuit was granted, and from the judgment dismissing the complaint the plaintiff appealed. They contended, inter alia, that assent to the delivery of the deed to the defendant in escrow was given by both parties thereto. If the deed was so disposed of as to clearly evince that it was the intention of the parties that the defendant should hold it upon certain conditions, it is a sufficient delivery in escrow. Oonlan v. Grace, 36 Minn.…
1Opinion of the CourtObtoN, J.
This is an action of replevin to recover the possession or the value of a certain deed made out in statutory form for certain land by one Patrick Morrow and wife to the plaintiff on the 4th day of May, 1886, for the consideration expressed therein of $2,600. The preliminary practice in this case, to say the least of it, was certainly very singular and unusual. There was no affidavit made or bond given, and the property could have been taken by the writ, for the plaintiff obtained an order with his summons to have the deed deposited with the clerk of the court, and it was not taken, and the…
2Cases cited3 opinions
- Jenkins v. SteankaWisconsin Supreme Court · 1865
- Rose v. TollyWisconsin Supreme Court · 1862
- Wallace v. HilliardWisconsin Supreme Court · 1859
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- Bowdle v. JencksSouth Dakota Supreme Court · 1904
- First National Bank of Glendale v. Sheriff of Milwaukee CountyWisconsin Supreme Court · 1967
- Campbell v. BrooksMississippi Supreme Court · 1908
- Bridgers v. . OrmondSupreme Court of North Carolina · 1908
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