Eaton v. Lyman
Wisconsin Supreme Court
ERROR to tbe Circuit Court for Winnebago County. Action upon tbe covenants in a deed, tbe plaintiff claiming under an assignment from one Erickles, defendant’s grantee in tbe deed. Tbe plaintiff, in an action against Erickles (in I860), bad obtained judgment of possession, and evicted bim, but immediately sold bim tbe premises, taking in part consideration Erickles’ right of action against tbe defendant under tbe covenants in tbe deed of tbe latter to Erickles.
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ERROR to tbe Circuit Court for Winnebago County. Action upon tbe covenants in a deed, tbe plaintiff claiming under an assignment from one Erickles, defendant’s grantee in tbe deed. Tbe plaintiff, in an action against Erickles (in I860), bad obtained judgment of possession, and evicted bim, but immediately sold bim tbe premises, taking in part consideration Erickles’ right of action against tbe defendant under tbe covenants in tbe deed of tbe latter to Erickles. Tbe plaintiff introduced tbe following evidence: 1st. Tbe deed from tbe defendant to Erickles, containing tbe covenants sued upon.…
1Opinion of the Court
DixoN, C. J".
This case comes here for the third time, and upon questions differing from those heretofore decided. Eaton v. Lymans, 24 Wis., 438; Same v. Same, 26 Wis., 61. The question of Lyman's being bound by the judgment in the action of Baton v. Brickies is altogether out of the case. The bill of exceptions contains no evidence upon that point, and is certified to contain all the evidence necessary to present the questions arising upon the exceptions taken. The record, therefore, of the proceedings and judgment in Eaton v. Frickles, given in evidence by the plaintiff, was no proof of…
2Cases cited2 opinions
- Eaton v. LymanWisconsin Supreme Court · 1870
- Eaton v. LymanWisconsin Supreme Court · 1869