Gove v. White
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waulcesha County. Ejectment. In June, 1848, tbe plaintiff conveyed to one Wright lands described as follows : “ commencing on the road at the northwest corner of section eleven, in town six north of range nineteen east, in the Milwaukee land district; thence south on the road dividing sections ten and eleven, sixteen rods; thence, at right angles with said road, and parallel with the north line of said section, twenty rods, to a stake;…
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APPEAL from the Circuit Court for Waulcesha County. Ejectment. In June, 1848, tbe plaintiff conveyed to one Wright lands described as follows : “ commencing on the road at the northwest corner of section eleven, in town six north of range nineteen east, in the Milwaukee land district; thence south on the road dividing sections ten and eleven, sixteen rods; thence, at right angles with said road, and parallel with the north line of said section, twenty rods, to a stake; thence, at right angles, and parallel with the west line of said section, to the road leading from the first named corner to…
1Opinion of the CourtDixon, C. J.
We are all of the opinion that there is no es-toppel growing out of the statement made by the plaintiff to Judge Downer, at the time the judge purchased of Wright in 1854. One essential element of every equitable estoppel, by which a man is to be precluded from claiming what is his own, is that the purchaser and party claiming the benefit of such es-toppel should have been ignorant of the true state of the title. Ignorance of the true state of the title on the part of • the purchaser must concur with wilful misrepresentation or concealment on that of the owner. The purchaser must not only be…
2Cases cited9 opinions
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Wendell v. Jackson ex dem. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
- Otis v. SillNew York Supreme Court · 1849
- Jackson ex dem. Young & Devereux v. CampNew York Supreme Court · 1824
- Jackson ex dem. People v. WendellNew York Supreme Court · 1830
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3Cited by19 opinions
- Hartung v. WitteWisconsin Supreme Court · 1884
- Norcross v. GriffithsWisconsin Supreme Court · 1886
- Spence v. FrantzWisconsin Supreme Court · 1928
- Two Rivers Manufacturing Co. v. DayWisconsin Supreme Court · 1899
- McDonald v. PayneIndiana Supreme Court · 1888
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