Stack v. Hickey
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: W. J. TueNeb, Circuit Judge. This is an appeal from part of a judgment in an action for specific performance of a land contract.
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Appeal from a judgment of tbe circuit court for Milwaukee county: W. J. TueNeb, Circuit Judge. This is an appeal from part of a judgment in an action for specific performance of a land contract. Judgment was entered for tbe appellant for specific performance, but imposed upon him certain terms and conditions named in tbe findings and judgment-. By tbe terms of tbe contract tbe respondents were to convey certain lands to tbe appellant, in consideration of wbicb tbe appellant agreed to pay respondents $11,500 and transfer to them free and clear from incumbrances, except tbe right to dig and…
1Opinion of the CourtKerwin, J.
But two questions are involved upon this ■appeal: (1) Whether there was a cloud upon the title to *350lots 8 and 9 in question, such as to render it unmarketable under the agreement to convey a good title; and (2) Whether the accounting was proper.
1. The contention of the appellant is that the foreclosure of the Walz, or first, mortgage cuts off all rights of the mortgagee, Draves, in the 'lots under the second mortgage, and that, the title acquired under the first foreclosure having passed to the appellant before this action was brought, ’appellant had and tendered a good title, therefore was…
2Cases cited13 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Moore v. . WilliamsNew York Court of Appeals · 1889
- Pier v. City of Fond du LacWisconsin Supreme Court · 1875
- Gates v. ParmlyWisconsin Supreme Court · 1896
- Williams v. WilliamsWisconsin Supreme Court · 1880
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Doyle v. FischerWisconsin Supreme Court · 1924
- Woldenberg v. RiphanWisconsin Supreme Court · 1918
- Douglass v. RansomWisconsin Supreme Court · 1931
- Shelter Corp. of Canada Ltd. v. BozinDistrict Court of Appeal of Florida · 1985
- Andrews v. FluekigerWisconsin Supreme Court · 1919
1 more not listed; retrieve them via the Exa API.