Tisher v. Beckwith
Wisconsin Supreme Court
APPEAL from the Circuit Court of Waupaca county. Action against defendants, together with the sheriff and former sheriff of Waupaca county, to restrain said officers from executing a deed of certain mortgaged premises sold under a judgment of foreclosure to the defendants, and to compel defendants to convey to respondent their title acquired under such sale.
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APPEAL from the Circuit Court of Waupaca county. Action against defendants, together with the sheriff and former sheriff of Waupaca county, to restrain said officers from executing a deed of certain mortgaged premises sold under a judgment of foreclosure to the defendants, and to compel defendants to convey to respondent their title acquired under such sale. It appeared in evidence that the plaintiff, Tisher, who was in possession of the premises in dispute as a homestead under a patent from the United States, had partially executed hut never delivered a deed of the premises to his son…
1Opinion of the CourtDixoN, C. J.
The fourth finding of fact by the court below is in these words: “ That the pretended deed from said plaintiff and his wife to Charles H. Tisher was never fully executed and was never delivered, and that the same was purloined or stolen from said plaintiff without his knowledge, consent or acquiescence.” If this finding be correct and sustained by the evidence, it obviously puts an end to all claim of title to the land on the part of the defendants. It has been held by this court that the fraudulent procurement of a deed deposited as an escrow from the depository by the grantee named therein,…
2Cases cited4 opinions
- Burson v. HuntingtonMichigan Supreme Court · 1870
- Eyerts v. AgnesWisconsin Supreme Court · 1856
- Wait v. PomeroyMichigan Supreme Court · 1870
- Everts v. AgnesWisconsin Supreme Court · 1858
3Cited by20 opinions
- Steffian v. Milmo National BankTexas Supreme Court · 1888
- McNeil v. JordanSupreme Court of Kansas · 1882
- Bowers v. CottrellIdaho Supreme Court · 1908
- Gould v. WiseCalifornia Supreme Court · 1893
- State v. MatthewsSupreme Court of Kansas · 1890
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