Newton v. Holley
Wisconsin Supreme Court
APPEAL PROM THE ROOK CIRCUIT COURT. This canse was commenced by hill in chancery alleging a mistake in a deed from the defendants, Hollis Holley and Laura Jane Holley to the plaintiff, Thomas S. Newton, in omitting twenty-two feet of land off the west side of lot three, in block (22) twenty-two, in the village of Stoughton, in Dane county and state of Wisconsin; which deed purports to convey the north half of fractional lot 2 in fractional block 1Y, the south half of…
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APPEAL PROM THE ROOK CIRCUIT COURT. This canse was commenced by hill in chancery alleging a mistake in a deed from the defendants, Hollis Holley and Laura Jane Holley to the plaintiff, Thomas S. Newton, in omitting twenty-two feet of land off the west side of lot three, in block (22) twenty-two, in the village of Stoughton, in Dane county and state of Wisconsin; which deed purports to convey the north half of fractional lot 2 in fractional block 1Y, the south half of fractional lot 1 and Y£ feet in width off from the south end of the north half of fractional lot 1 in said block 1Y, and also…
1Opinion of the Court
By the Court,
Colts, J.
After having’ carefully examined the testimony in this case, I am free to confess that it fails to satisfy my mind that a mistake was committed upon the sale of the property mentioned in the pleadings. At the same time it must be conceded that there is some testimony of the statements and admissions of the parties while negotiating the sale, which goes to show that Newton expected he was buying, and that Holley agreed to sell that part of lot three in controversy.
But it does seem to me that this testimony is too vague and unsatisfactory to authorize this court in saying…
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