Eaton v. Lyman
Wisconsin Supreme Court
ERROR to tbe Circuit Court for Winnebago County. Tbe plaintiff in error was also plaintiff below. Tbe facts appear in tbe opinion and in tbe former reports of tbe same cause in 24 Wis., 438; 26 Wis., 61; 28 Wis.
1Opinion of the CourtCole, J.
If any one desires to have the history of this case up to the present time in this court, it will be found reported in the 24 Wis., 438; 26 do., 61; and 28 do. The case now comes up on a writ of error from a judgment of nonsuit. The bill of exceptions is very meager and leaves in some obscurity the real state of the case made out by the plaintiff. But we think it sufficiently appears that the plaintiff showed a breach of the covenant against incumbrances and therefore a majority of the court think that the motion for a nonsuit should not have been granted.
The defendant conveyed to Erickles,…
2Cases cited10 opinions
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