Fullerton v. Spring
Wisconsin Supreme Court
The appellee filed his bill in the Circuit Court of Milwaukee county, July 28, 1851, against William L. Pickering, Charles A. Spring and George Mixter, defendants, setting forth in substance, that on June 2o, 1836, he, the said Fullerton, being the owner of an undivided moiety of the southwest quarter of section seventeen, of town number seven, north of range number twenty-two east, in Milwaukee county, Wisconsin, sold the same to said defendants, in consideration of certain…
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The appellee filed his bill in the Circuit Court of Milwaukee county, July 28, 1851, against William L. Pickering, Charles A. Spring and George Mixter, defendants, setting forth in substance, that on June 2o, 1836, he, the said Fullerton, being the owner of an undivided moiety of the southwest quarter of section seventeen, of town number seven, north of range number twenty-two east, in Milwaukee county, Wisconsin, sold the same to said defendants, in consideration of certain sums of money then promised to be paid to him therefor; that the legal title was, at the request of said defendants,…
1Opinion of the Court
*671 By the Court,
Smith, J.
However strong the equity presented in behalf of the complainant, by his bill filed in this case, we can perceive no way of avoiding the statute of limitations. A.dmitting that the lien of the complainant for the purchase money remained, a cause of action accrued to enforce it on failure to pay the bills of exchange. The last bill became due December 28th, 1837. The statute of limitations enacted by the territorial legislature went into operation the 4th day of July, 1839. The provision of that statute particularly applicable to cases of this kind, is section 40, page…
2Cited by31 opinions
- Sayer v. BrownSupreme Court of Georgia · 1904
- Great Northern Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1907
- State ex rel. Churchill v. BemisNebraska Supreme Court · 1895
- Dashiell v. Mayor of BaltimoreCourt of Appeals of Maryland · 1877
- Anding v. LevyMississippi Supreme Court · 1879
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