Pritchard v. Lewis
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eacine county: E. B. BeldeN, Circuit Judge. This is an action to remove a cloud from title to real estate, created by mortgage from defendant Lewis and wife to defendant Adams. Plaintiff claims through deed from the common grantors, Evan Jones and-wife, to Owen P. Pritchard, and defendant Lewis through deed from said Jones and wife tó John G. Lewis.
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Appeal from a judgment of the circuit court for Eacine county: E. B. BeldeN, Circuit Judge. This is an action to remove a cloud from title to real estate, created by mortgage from defendant Lewis and wife to defendant Adams. Plaintiff claims through deed from the common grantors, Evan Jones and-wife, to Owen P. Pritchard, and defendant Lewis through deed from said Jones and wife tó John G. Lewis. The deeds are as follows: “This indenture, made this 11th day of November, in the-year of our Lord one thousand eight hundred and seventy-two, between Evan Jones, of Eacine county, Wisconsin, and…
1Opinion of the CourtKebwiN, J.
1. The first and important question for consideration is, What title passed by the deed of November 11, 1872, from Evan Jones and wife to Owen P. Pritchard? The two deeds from Jones to Lewis and Pritchard upon their face indicate that they were executed upon the same day. The deed to Lewis in plain terms excepts and reserves the two rods for a right of way, not a right of way over the two rods, but “a strip of land two rods in width off the north side thereof, to be used as a right of way,” which quite plainly imports that the fee was intended to be reserved. Cincinnati v. Lessee of Newell's…
2Cases cited17 opinions
- Woods v. Montevallo Coal & Transportation Co.Supreme Court of Alabama · 1887
- Winston v. JohnsonSupreme Court of Minnesota · 1890
- Lampman v. Van AlstyneWisconsin Supreme Court · 1896
- Patrick v. Young Men's Christian Ass'nMichigan Supreme Court · 1899
- Fischer v. LaackWisconsin Supreme Court · 1890
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3Cited by15 opinions
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- Edwards v. BrushaSupreme Court of Oklahoma · 1907
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