Brayton v. Jones
Wisconsin Supreme Court
Bill to redeem. The bill alleges that the complainant Brayton, is administrator on the estate of George Sawin, deceased, late of Watertown, in said county of Jefferson.
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Bill to redeem. The bill alleges that the complainant Brayton, is administrator on the estate of George Sawin, deceased, late of Watertown, in said county of Jefferson. That on the 31st day of October, A. D. 1848, the said Sawin, in his lifetime, entered into a contract in writing with Eliphalet Oramer of the city of Milwaukee, for the purchase of lot No. 4 in block No. 46, on the west side of the river in the then village of Watertown, by which Cramer agreed to convey to said Sawin, his heirs or assigns, by a good and valid deed, the lot aforesaid, upon the payment of two hundred and fifty…
1Opinion of the Court
By the Court,
Cole, J.
The only difficulty we have in affirming the decree, rendered in this cause, in the court below, arises from the variance between the case presented by the bill, and that established by the proofs on the hearing. The bill alleges *123that tbe Cramer contract was assigned to tbe appellant by G-eorge Sawin, tbe intestate of tbe appellee, while it appears from tbe evidence that it was assigned to bim by Wm. H. Byron & Co. It is true Byron and Campbell testify tbat tbis contract bad been assigned to them by Sawin to secure a debt be bad contracted witb them for iron, steel, &c.,…
2Cited by18 opinions
- Board of Supervisors v. DeckerWisconsin Supreme Court · 1874
- Lumpkin v. CollierSupreme Court of Missouri · 1878
- Beebe v. Wisconsin Mortgage Loan Co.Wisconsin Supreme Court · 1903
- Badger Lumber Co. v. ParkerSupreme Court of Kansas · 1911
- Kleimenhagen v. DixonWisconsin Supreme Court · 1904
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