McIndoe v. Morman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathon County. In November, 1864, plaintiff executed and delivered to defendant his bond in the penal sum of $500, con-' ditioned for his executing and delivering to defendant, on or before the 26th of November, 1867, a good, ample and sufficient deed of conveyance in fee simple, with the usual covenants of warranty, of two certain lots of land: provided, that defendant should pay plaintiff or his assigns $400 on or before said last…
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APPEAL from the Circuit Court for Marathon County. In November, 1864, plaintiff executed and delivered to defendant his bond in the penal sum of $500, con-' ditioned for his executing and delivering to defendant, on or before the 26th of November, 1867, a good, ample and sufficient deed of conveyance in fee simple, with the usual covenants of warranty, of two certain lots of land: provided, that defendant should pay plaintiff or his assigns $400 on or before said last mentioned date, with interest, etc. In 1869, plaintiff brought this action to bar and foreclose all defendant’s claim to and…
1Opinion of the CourtDixon, C. J.
If the defendant were not in possession of the premises, claiming to hold them under the contract, the judgment of the circuit court might stand. But the defendant is in possession and enjoyment of the premises, never having been evicted or disturbed, and claims the right to continue therein by virtue of the contract, and still refuses to pay the price. The judgment of the circuit court establishing his right thus to remain in the possession and enjoyment, leaves him there, and justifies his refusal to pay the consideration money as he has agreed. The case of Taft v. Kessel, 16 Wis. 273, is…
2Cases cited4 opinions
- Wiley v. HowardIndiana Supreme Court · 1860
- Taft v. KesselWisconsin Supreme Court · 1862
- Hughes v. StateSupreme Court of Alabama · 1860
- Worthington v. Curd & Co.Supreme Court of Arkansas · 1860
3Cited by33 opinions
- Gates v. McLeanCalifornia Supreme Court · 1886
- Oconto Co. v. BaconWisconsin Supreme Court · 1923
- Security Savings Co. v. MackenzieOregon Supreme Court · 1898
- Bell v. KeepersSupreme Court of Kansas · 1888
- Harvey v. MorrisSupreme Court of Missouri · 1876
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