Wilson v. Jarvis
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action to remove a cloud from plaintiff’s title to land, created by tax deeds, and to restrain the defendant George Jarvis from proceeding in an action pending in the same court and brought by him under chap. 22, Laws of 1859. The complaint alleges, in substance, that on the 25th of August, 1855, An-gelí and Labore, then owners of the premises in fee, conveyed them to Petherick and Hartley, who jointly mortgaged back one…
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APPEAL from the Circuit Court for Dane County. Action to remove a cloud from plaintiff’s title to land, created by tax deeds, and to restrain the defendant George Jarvis from proceeding in an action pending in the same court and brought by him under chap. 22, Laws of 1859. The complaint alleges, in substance, that on the 25th of August, 1855, An-gelí and Labore, then owners of the premises in fee, conveyed them to Petherick and Hartley, who jointly mortgaged back one undivided half to each of said grantors, as security for different portions of the purchase money, with covenant in each…
1Opinion of the Court
By the Court,
Downer, J.
The plaintiff, Wilson, was not entitled in this action to the relief he asked and obtained by the judgment of the circuit court, unless this suit was commenced before the suit of Jarvis v. Wilson and others. If it was so commenced, it should clearly appear both by the complaint (or a supplemental complaint), and by the decision of the circuit court. It does not so appear ; the circuit court did not so find; and the recital in the injunctional order that this action was commenced one day before the other cannot avail the plaintiff against the averments of his complaint.…
2Cited by3 opinions
- Platto v. DeusterWisconsin Supreme Court · 1868
- Parmalee v. WheelerWisconsin Supreme Court · 1873
- Dayton v. RelfWisconsin Supreme Court · 1874