Gee v. Bolton
Wisconsin Supreme Court
ERROR to the Circuit Court for Boclc County. Gfee brought bis action against Bolton in tbe Dane circuit court, in July, 1859, to recover possession of certain land in Dane county, and for the rents and profits. The cause was af-terwards sent to Rock county for trial.
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ERROR to the Circuit Court for Boclc County. Gfee brought bis action against Bolton in tbe Dane circuit court, in July, 1859, to recover possession of certain land in Dane county, and for the rents and profits. The cause was af-terwards sent to Rock county for trial. In December, 1852, Danforth Whiting, being the owner of the land in question, exchanged the same with C. M. Sifert and his wife, Harriet 0. Sifert, for a dwelling and shop, or store, owned by them in the town of Medina, Dane county. The latter property was incumbered by a mortgage executed by C. M. Sifert to secure a note running…
1Opinion of the Court
By the Court,
DlXON, 0. J.
I think that the defense to this action depends solely upon the equitable rights set up in the answer and shown by the proof, and that the defendant cannot show title at law through the deed executed by Mrs. Whiting to Sexton. It is conceded that the power of attorney to Mrs. Whiting from her husband was insufficient on its face to authorize the conveyance. I say it is conceded, because the defendant’s counsel deemed it unsafe to rest upon the power of attorney alone, but attempted to fortify it and to uphold the ■ deed by the introduction of a large amount of parol…
2Cases cited3 opinions
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3Cited by10 opinions
- Coburn v. AmesCalifornia Supreme Court · 1877
- State v. SaxSupreme Court of Minnesota · 1950
- Bailey v. GardnerWest Virginia Supreme Court · 1888
- Rountree v. DensonWisconsin Supreme Court · 1884
- Lamoreux v. HuntleyWisconsin Supreme Court · 1887
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