James v. Cutler
Wisconsin Supreme Court
APPEAL from the Circuit Court for WauJcesha County. This action was brought to correct the description in a quitclaim deed of conveyance, executed by the defendant to the plaintiff, purporting’ to convey to plaintiff certain real estate situate in the village of Waukesha.
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APPEAL from the Circuit Court for WauJcesha County. This action was brought to correct the description in a quitclaim deed of conveyance, executed by the defendant to the plaintiff, purporting’ to convey to plaintiff certain real estate situate in the village of Waukesha. The complaint alleges that the plaintiff purchased of the defendant a certain parcel of land situated in said village, and described in said complaint as a part of lot 6 in block 1 in CntlePs Addition to said village, for the consideration of $625, paid to the said defendant therefor; and that, by mistake of both parties,…
1Opinion of the Court
The following opinion was filed October 18, 1,881.
Taylor, J.
Upon this appeal the learned counsel for the appellant insists, first, that the complaint does not set out any cause of action; second,, that if it does, the proofs- failed to show that there was any mistake made in the description inserted in the deed; third, that if the respondent believed he was purchasing and paying for the whole tract, including the five feet and nine inches which he alleges was omitted by mistake, and would not have made the purchase had he known he *174was to have only the land described in the deed, there is no…
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