Patterson v. Cappon
Wisconsin Supreme Court
Appeal from an order of the superior court of Milwaukee county; J. 0. Ludwig, Judge. Appeal from order sustaining demurrer to answer of the defendant Jesse Gappon.
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Appeal from an order of the superior court of Milwaukee county; J. 0. Ludwig, Judge. Appeal from order sustaining demurrer to answer of the defendant Jesse Gappon. The complaint alleged that on Eeb-ruary 14, 1894, the defendants, in consideration of $700, executed to one John Debus their full warranty deed of a cer-' tain lot in Milwaukee, of which deed a copy is set forth, and contains the usual covenant of seisin as of an absolute and indefeasible estate of inheritance in fee simple; also against incumbrances, except a mortgage of $400; “and that the above-bargained premises, in the quiet…
1Opinion of the Court
The following opinion was filed April 5, 1905:
Dodge, J.
We need not resolve the somewhat vexed question whether the covenants of seisin and of freedom from in-cumbrance, under the law of Wisconsin, run with the land in the strict sense of that phrase, or being, as they necessarily are, breached by the existence of any incumbrance at the time •of the conveyance, whether merely the chose in action thus arising in favor of the original grantee is, by his deed, assigned to his successors in title, so that, instead of suing in their own right for the technical breach of those covenants, they sue…
2Cases cited15 opinions
- Brader v. BraderWisconsin Supreme Court · 1901
- Hei v. HellerWisconsin Supreme Court · 1881
- Mecklem v. BlakeWisconsin Supreme Court · 1868
- Schwallback v. Chicago, Milwaueee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
- Smith v. HughesWisconsin Supreme Court · 1880
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3Cited by8 opinions
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