Swift v. State Lumber Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Chippewa County. The following statement of the case was prepared by Mr. Justice Cassoday: This action was commenced against the State Lumber Company, Edward Bradley and Allen P. Lovejoy, about May o, 1886. It appears from the complaint that prior to October 14, 1871, the plaintiff, Swift, and one Jenkins jointly purchased the 17,000 acres of land described; that, in doing so, Jenkins, at the request of Swift, advanced and paid thereon for…
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APPEAL from the Circuit Court for Chippewa County. The following statement of the case was prepared by Mr. Justice Cassoday: This action was commenced against the State Lumber Company, Edward Bradley and Allen P. Lovejoy, about May o, 1886. It appears from the complaint that prior to October 14, 1871, the plaintiff, Swift, and one Jenkins jointly purchased the 17,000 acres of land described; that, in doing so, Jenkins, at the request of Swift, advanced and paid thereon for him $10,000, upon the express agreement that the equal undivided three-fourths of said lands should belong to Jenkins and…
1Opinion of the CourtCassodat, J.
Upon the facts stated, and numerous decisions of this court, we must hold that the plaintiff was, in legal effect, the owner of the undivided one-fourth of all the lands in question, October 14, 1871, subject to the payment of the $10,000 mentioned; and that when D. W. Bradley and Lovejoy advanced the amount of money named and received the conveyances from Jenkins, they took and received the title to such undivided one-fourth as security for the money so advanced, and such interest, taxes, etc.; and hence, under the agreement mentioned, the relation between the plaintiff and them was, in…
2Cases cited5 opinions
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Winner v. HoytWisconsin Supreme Court · 1886
- Schriber v. LeClairWisconsin Supreme Court · 1886
- Starks v. RedfieldWisconsin Supreme Court · 1881
- State v. WettsteinWisconsin Supreme Court · 1885
3Cited by3 opinions
- Phelan v. FitzpatrickWisconsin Supreme Court · 1893
- Connell v. City of KaukaunaWisconsin Supreme Court · 1917
- Biron v. ScottWisconsin Supreme Court · 1891