Becker v. Knudson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. This is an action on the covenant against incumbrances in a deed of conveyance from the defendant to the plaintiff of a certain farm, dated June 1,1811, except as to two certain mortgages thereon, and the entire consideration for the conveyance was $2,600. There were quite a number of other incumbrances by judgments for small amounts, and among them one against the defendant in favor of S. L. Sheldon, docketed July 30, 1861,…
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APPEAL from the Circuit Court for Dane County. This is an action on the covenant against incumbrances in a deed of conveyance from the defendant to the plaintiff of a certain farm, dated June 1,1811, except as to two certain mortgages thereon, and the entire consideration for the conveyance was $2,600. There were quite a number of other incumbrances by judgments for small amounts, and among them one against the defendant in favor of S. L. Sheldon, docketed July 30, 1861, upon which execution had issued, and the farm had been sold June 28,. 1810, to said Sheldon for $83.15, and the certificate…
1Opinion of the CourtPinney, J.
The contention of the plaintiff that the evidence to sustain the defense was not admissible is, we think, founded upon a misapprehension of the nature of the transaction and the purpose for which the evidence was introduced. After the execution and delivery of the deed the plaintiff retained the entire consideration and held it upon the trust and agreement that he would apply it to the payment of existing incumbrances on the land, which the defendant was bound by his covenant to pay, and in the payment of which the plaintiff had a special interest. He assumed and undertook to do with the…
2Cases cited7 opinions
- Hahn v. DoolittleWisconsin Supreme Court · 1864
- Jones v. KeyesWisconsin Supreme Court · 1863
- Dearborn v. ParksSupreme Judicial Court of Maine · 1827
- Altringer v. CapeheartSupreme Court of Missouri · 1878
- Burbank v. GouldSupreme Judicial Court of Maine · 1838
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cuddy v. ForemanWisconsin Supreme Court · 1900
- Perkins v. McAuliffeWisconsin Supreme Court · 1900
- Desmond v. McNamaraWisconsin Supreme Court · 1900
- Mills v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Hall v. McNallyUtah Supreme Court · 1901
1 more not listed; retrieve them via the Exa API.