Walker v. Wilson
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. Tbis was an action to foreclose a mortgage given to secure tbe purchase money of real estate conveyed by tbe plaintiff to tbe defendants. Tbe tenor of tbat conveyance is stated in tbe opinion of tbe court.
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APPEAL from tbe Circuit Court for Dane County. Tbis was an action to foreclose a mortgage given to secure tbe purchase money of real estate conveyed by tbe plaintiff to tbe defendants. Tbe tenor of tbat conveyance is stated in tbe opinion of tbe court. Tbe answer, after setting forth tbe deed, with its covenants, alleged tbat tbe plaintiff was not, at tbe time of its execution, seized in fee of tbe premises therein described, “ and conld not grant and convey tbe said land, and tbe right to a dam, as therein mentionedthat tbe defendants “ could not by force of said deed lawfully enjoy and…
1Opinion of the Court
By the Court,
Cole, J.
This was an action to foreclose a mortgage. Tbe notes and mortgage were given to secure tbe purchase money of certain premises, consisting of some thirteen acres of land, with a mill and certain privileges, on Black Earth Creek. Tbe appellants alleged in their answer, that tbe respondent fraudulently represented, at tbe time of tbe purchase, that there was a good and valuable water power upon tbe land, and that be bad tbe right to raise and maintain a dam on tbe land sufficient to raise tbe water in tbe creek, at tbe dam, to tbe height of seven feet above its ordinary…
2Cases cited3 opinions
- Woodruff v. BunceNew York Court of Chancery · 1842
- Edwards v. BodineNew York Supreme Court · 1841
- Flanders v. McVickarWisconsin Supreme Court · 1859
3Cited by10 opinions
- Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
- Randall v. BourguardezSupreme Court of Florida · 1887
- Gwaltney v. GwaltneyIndiana Supreme Court · 1889
- Scantlin v. AllisonSupreme Court of Kansas · 1873
- Barker v. WalbridgeSupreme Court of Minnesota · 1869
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