McInnis v. Lyman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Lincoln County. This is an action to recover damages for a breach of the covenant of seizin contained in a deed of certain land, executed by the defendant to the plaintiff. In March, 1873, the parties made a written agreement for the sale, by the defendant to the plaintiff, of three forty-acre lots of land in Lincoln county, for the price of $1,250, payable as therein specified.
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APPEAL from the Circuit Court for Lincoln County. This is an action to recover damages for a breach of the covenant of seizin contained in a deed of certain land, executed by the defendant to the plaintiff. In March, 1873, the parties made a written agreement for the sale, by the defendant to the plaintiff, of three forty-acre lots of land in Lincoln county, for the price of $1,250, payable as therein specified. This agreement prohibited the plaintiff from taking any timber from the land until full payment therefor should be made. In June, 1876, the defendant conveyed such land to the…
1Opinion of the CourtLyoN, J.
In Nichol v. Alexander, 28 Wis. 118, it was held that if a grantor, by full covenant deed of warranty, assumes to convey unoccupied lands to which he has no title, there is at once a constructive eviction of the grantee which entitles him to the same remedies that he would be entitled to had he been turned out of the actual possession of the land by legal process. It was also there held that if, in such a .case, the grantor subsequently obtains a good title to the land, .while he would be estopped to deny the title of his grantee, yet he cannot compel the latter, after his eviction by title…
2Cases cited3 opinions
- Smith v. HughesWisconsin Supreme Court · 1880
- Nichol v. AlexanderWisconsin Supreme Court · 1871
- Noonan v. IlsleyWisconsin Supreme Court · 1866
3Cited by14 opinions
- Hayden v. PattersonSupreme Court of Colorado · 1906
- Resser v. CarneySupreme Court of Minnesota · 1893
- Bull v. BeisekerNorth Dakota Supreme Court · 1907
- Burton v. PriceSupreme Court of Florida · 1932
- Wallace v. PerelesWisconsin Supreme Court · 1901
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