Mills v. Evansville Seminary
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Ejectment. In August, 1855, the plaintiff David L. Mills agreed to donate, and executed a bond or contract to convey, the land in question to the defendant corporation. This bond appears to have been lost. On September 14, 1859, both plaintiffs, in pursuance of the contract, executed and delivered to the corporation an unconditional deed of the premises.
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APPEAL from the Circuit Court for Dane County. Ejectment. In August, 1855, the plaintiff David L. Mills agreed to donate, and executed a bond or contract to convey, the land in question to the defendant corporation. This bond appears to have been lost. On September 14, 1859, both plaintiffs, in pursuance of the contract, executed and delivered to the corporation an unconditional deed of the premises. In reply to a counterclaim setting up such conveyance, the plaintiffs alleged that, by the terms of the original contract or bond, the conveyance was to be upon condition that the land should…
1Opinion of the Court
The following opinion was filed March 13, 1883:
Cole, O. J.
One desiring to trace the history of this litigation in this court will find it in 47 Wis.-, 354, and 52 Wis., 669. On the 3d of September, 1880, prior to the last decision, this action at law was commenced to recover the premises known as “ Seminary Park,” for condition broken. On the trial of this action the plaintiffs were permitted to show, by parol evidence, against the objection of the defendants, that the lost bond for a deed, which was given by the plaintiff David L. in August, 1855, contained, among other things, the condition…
2Cases cited1 opinion
- Mills v. Evansville SeminaryWisconsin Supreme Court · 1881
3Cited by18 opinions
- Benavides v. HuntTexas Supreme Court · 1891
- Maginnis v. Knickerbocker Ice Co.Wisconsin Supreme Court · 1901
- Adams v. First Baptist Church of St. CharlesMichigan Supreme Court · 1907
- Polebitzke v. John Week Lumber Co.Wisconsin Supreme Court · 1914
- Fisher v. Crescent Oil Co.Court of Appeals of Texas · 1915
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