Wendel v. North
Wisconsin Supreme Court
ERROR to the Circuit Court for Fond duLao County. In 1855, North conveyed certain land to one Hays, whose title passed by mesne conveyances to the plaintiff. ■In 1864, plaintiff was evicted from the premises by the judgment of the court in an action brought against him by one Eaton; and thereupon he brought this action upon the covenants in defendant’s deed to Hays.
Read the full summary
ERROR to the Circuit Court for Fond duLao County. In 1855, North conveyed certain land to one Hays, whose title passed by mesne conveyances to the plaintiff. ■In 1864, plaintiff was evicted from the premises by the judgment of the court in an action brought against him by one Eaton; and thereupon he brought this action upon the covenants in defendant’s deed to Hays. The breach alleged is, that Eaton, on, etc., “did, with lawful process, enter on and evict the plaintiff,” with averments as to damages. Mr. Baldwin, as a witness for plaintiff, testified that, as attorney for Wendel, he gave…
1Opinion of the CourtCole, J.
It is too clear for argument, that the defendant was concluded by the judgment in the case of Eaton against the plaintiff. He not only had notice of the pendency of that action, and was requested to employ counsel to assist in the defense thereof, but his counsel did actually appear and defend for him. And as the plaintiff was evicted under the judgment in that action, which he had defended, the judgment is conclusive upon him. He must make good his remote vendee or coven-antee, who has lost the land by reason of the paramount title. *
The intimation that it was necessary to allege and prove…
2Cited by2 opinions
- City of San DiegoCalifornia Supreme Court · 1894
- Missouri Pacific Railway Co. v. TwissNebraska Supreme Court · 1892