Watters v. McGuigan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. The following statement of the case was prepared by Mr. Justice Cassodat: This action is to recover moneys which the plaintiff claims as his share of the proceeds of the sale of certain lands alleged to have been entered and purchased by the defendant under an agreement by which they were to be looked up and located by the plaintiff and one Peter McGuigan, and then to be purchased by the defendant and the title taken in his…
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APPEAL from the Circuit Court for Ashland County. The following statement of the case was prepared by Mr. Justice Cassodat: This action is to recover moneys which the plaintiff claims as his share of the proceeds of the sale of certain lands alleged to have been entered and purchased by the defendant under an agreement by which they were to be looked up and located by the plaintiff and one Peter McGuigan, and then to be purchased by the defendant and the title taken in his own name, and then to be held and finally sold and disposed of by him for the benefit of himself, Peter McGuigan, and the…
1Opinion of the CourtCassoday, J.
There can be no question but what, under the contract alleged and proved, the defendant acquired the absolute title to all the lands purchased and sold by him, *157free from any trust in favor of the plaintiff. This would be so under the statute, even if the plaintiff’s services were to be regarded as a part of the consideration paid for the lands. R. S. sec. 2077; Week v. Bosworth, 61 Wis. 85; Cerney v. Pawlot, 66 Wis. 265; Skinner v. James, 69 Wis. 605; Campbell v. Campbell, 70 Wis. 315. The several objections and exceptions in the record are all based upon the theory that by the terms of the…
2Cases cited10 opinions
- Hobbs v. McLeanSupreme Court of the United States · 1886
- United States v. Central Pacific RailroadSupreme Court of the United States · 1886
- Dunphy v. RyanSupreme Court of the United States · 1886
- Schriber v. LeClairWisconsin Supreme Court · 1886
- Treat v. HilesWisconsin Supreme Court · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Pulp Wood Co. v. Green Bay Paper & Fiber Co.Wisconsin Supreme Court · 1914
- Gilbert v. StockmanWisconsin Supreme Court · 1892
- Smock v. SmockMissouri Court of Appeals · 1889
- Langley v. SanbornWisconsin Supreme Court · 1908
- Hall v. RankinArizona Supreme Court · 1920
6 more not listed; retrieve them via the Exa API.