Donnelly v. Eastes
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Jefferson county: JohN R. BeNNBtt, Circuit Judge. Action to set aside and cancel a deed given by Levi Johnson and wife to the defendant on the 26th day of February, 1892, conveying to the latter the grantors’ farm, reserving to such grantors about one acre of land, with the farm buildings situated thereon.
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Appeal from a judgment of the circuit court for Jefferson county: JohN R. BeNNBtt, Circuit Judge. Action to set aside and cancel a deed given by Levi Johnson and wife to the defendant on the 26th day of February, 1892, conveying to the latter the grantors’ farm, reserving to such grantors about one acre of land, with the farm buildings situated thereon. The consideration for such convey-anee was payment of $50 down, as part of the first payment hereafter mentioned; an agreement to pay $500 on the last day of February in each, year during the life of Levi Johnson, and, in case of the…
1Opinion of the CourtMaRshall, J.
The question upon which this case, turns-mainly is, Was the condition in the deed a condition prece-dente such as must happen before title would vest in the-grantee, or was it a condition subsequent, a breach of' which might be taken advantage of, or operate, under its. terms, to defeat a title already vested? If the latter, a., court of equity had ample power to relieve defendant, upon equitable principles of compensation, from a forfeiture; if the former, the court had no such power. Failure to perform a condition precedent is an effectual bar to any remedy at law, and, in a case like this,…
2Cases cited9 opinions
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