Wallace v. Pereles
Wisconsin Supreme Court
. Appeal from a judgment of the circuit court for "Waupaca county:. Ohas. M. Webb, Circuit Judge. On-June 27, 1879, one Andrew Argus and wife deeded the west twenty-four feet of lot 8, block 7, of Millard & Taft’s addition to the city of New London, except the north ten feet thereof, to defendant. On March 29, 1889, the defendant and his wife, by deed with full covenants of warranty, conveyed the entire west twenty-four feet of said lot 8 to Frederick Eckert.
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. Appeal from a judgment of the circuit court for "Waupaca county:. Ohas. M. Webb, Circuit Judge. On-June 27, 1879, one Andrew Argus and wife deeded the west twenty-four feet of lot 8, block 7, of Millard & Taft’s addition to the city of New London, except the north ten feet thereof, to defendant. On March 29, 1889, the defendant and his wife, by deed with full covenants of warranty, conveyed the entire west twenty-four feet of said lot 8 to Frederick Eckert. On Eebruarjr 10, 1891, Eckert quit-claimed said last-described tract to his wife, Minnie. Thereafter Mrs. Eckert deeded by warranty…
1Opinion of the CourtBabdeejv, J.
Questions of law only are involved on this appeal. They group themselves under the folio wing heads: (1) The conveyance from Eckert to his wife passed only an equitable title. Covenants real run only with the legal title, and cannot be enforced by her grantees against defendant. (2) Efeither title nor possession being shown in defendant at the time of his convejmnce, the covenants in his deed were personal to his grantee, and did not pass- by a mere conveyance of the land. (3) No eviction under paramount title having been shown, the recovery, if any, must be limited to nominal damages.
1. The…
2Cases cited23 opinions
- Beard v. DedolphWisconsin Supreme Court · 1871
- Mygatt v. . CoeNew York Court of Appeals · 1895
- Terrill v. JenningsCourt of Appeals of Kentucky · 1858
- Putnam v. BicknellWisconsin Supreme Court · 1864
- Saveland v. GreenWisconsin Supreme Court · 1875
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3Cited by10 opinions
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- Oppenheimer v. CollinsWisconsin Supreme Court · 1902
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