Bruce v. Miller
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du lao County. The action was originally brought in September, 1884, by the plaintiff’s intestate, Olive P. Posten, to enforce specific performance of an alleged contract by the defendant William A. Miller to convey to her forty acres of land in the countjr of Green Lake.
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APPEAL from the Circuit Court for Fond du lao County. The action was originally brought in September, 1884, by the plaintiff’s intestate, Olive P. Posten, to enforce specific performance of an alleged contract by the defendant William A. Miller to convey to her forty acres of land in the countjr of Green Lake. It appears that Alexander B. Posten, the husband of Olive, who died in 1882, and who was the owner of the land in question and also of a farm in Pond du Lac county, executed two mortgages in 1871 and 1872, respectively, upon all of the land above mentioned, to L. E. Reed, of Eipon, to…
1Opinion of the CourtLyon, J.
The questions involved in this appeal require but little discussion. Mrs. Posten testified on the trial that she did not know'the land in question was included in either of the two mortgages until 1878, when the defendant Miller, who then owned said mortgages, said to her husband and herself that he did not know the land was so included or how it came to be included; that it did not belong to him and he did not want it; and that if they would quitclaim it to him and cut off mortgages he would quitclaim right back. Also that the quitclaim to Miller was made on the faith of that promise, and…
2Cited by2 opinions
- Senour Manufacturing Co. v. ClarkeWisconsin Supreme Court · 1897
- Momsen v. PlankintonWisconsin Supreme Court · 1897