Clark v. Drake
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dodge County. The appellant Drhlce commenced an action of ejectment against Ciarle to recover the premises in controversy, and thereupon he brought his bill in equity against Dralce for an injunction against the suit at law, and for relief upon grounds which are sufficiently stated in the opinion of the court.
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APPEAL from tbe Circuit Court for Dodge County. The appellant Drhlce commenced an action of ejectment against Ciarle to recover the premises in controversy, and thereupon he brought his bill in equity against Dralce for an injunction against the suit at law, and for relief upon grounds which are sufficiently stated in the opinion of the court. Drake demurred to the bill for want of equity, and from an order overruling his demurrer, he took this appeal. 1. The complainant shows that he can successfully defend the ejectment suit, and therefore he cannot maintain this bill. He asks the court to…
1Opinion of the CourtWhiton, J.
This is an appeal from an order of the circuit court overruling a demurrer to the complainant’s bill. The bill sets out, in substance, that Charles C. P. Arndt and the defendant, Drake, bargained with James D. Doty for two half quarter sections of land; the said Doty acting in behalf of individuals under the name of the Fond du Lac Company; that the sale was to be on condition that Arndt and Drake *231would, by tbe first day of June then next, erect a saw mill on tbe land, and pay tbe sum of two hundred and forty dollars, one-tbird in cash, one-tbird in four months, and the remaining third in…
2Cases cited2 opinions
- Horsburg v. BakerSupreme Court of the United States · 1828
- Skinner v. DaytonNew York Court of Chancery · 1817
3Cited by6 opinions
- Lawe v. HydeWisconsin Supreme Court · 1876
- Maginnis v. Knickerbocker Ice Co.Wisconsin Supreme Court · 1901
- Fox v. WilliamsWisconsin Supreme Court · 1896
- Grignon v. BlackWisconsin Supreme Court · 1890
- Mills v. Evansville SeminaryWisconsin Supreme Court · 1879
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