Cutler v. James
Wisconsin Supreme Court
APPEAL from, the Circuit Court for Waukesha, County. The case is thus stated by Mr. Justice Cassoday: “Ejectment. The plaintiff claims title to the strip of land in question by virtue of a warranty deed, bearing date May 8, 1879, executed by Morris D. Cutler, but not recorded until February 1, 1882. The defendants claim title to the same strip in Samuel D. James by virtue of a deed to him executed by Morris D. Cutler, May 25, 1880, and recorded October 14, 1880, and an…
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APPEAL from, the Circuit Court for Waukesha, County. The case is thus stated by Mr. Justice Cassoday: “Ejectment. The plaintiff claims title to the strip of land in question by virtue of a warranty deed, bearing date May 8, 1879, executed by Morris D. Cutler, but not recorded until February 1, 1882. The defendants claim title to the same strip in Samuel D. James by virtue of a deed to him executed by Morris D. Cutler, May 25, 1880, and recorded October 14, 1880, and an action to reform the description therein so as to include the strip of land in question in favor of Samuel D. J'ames, and…
1Opinion of the CourtCassoday, J.
The recorded deed from Morris D. Cutler to Samuel D. James, and the judgment expanding the description therein so as to include the strip of land in question, must together be regarded, between the parties to that action, as a completed conveyance to him of the nature indicated bji- the language in the deed. The statute expressly declares that “ all judgments, ... in cases where the title to land shall have been in controversy, may be recorded in the office of the register of deeds, . , . with Wee effect as conveyances.” Sec. 2236, R. S. Such judgment, having been duly recorded, must have the…
2Cases cited20 opinions
- Wood v. . ChapinNew York Court of Appeals · 1856
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- Shotwell v. HarrisonMichigan Supreme Court · 1871
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- Cook v. GoodyearWisconsin Supreme Court · 1891
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