Reuter v. Lawe
Wisconsin Supreme Court
APPEAL from tíie Circuit Court for Outagamie County. This action was brought to rescind a warranty deed of conveyance of a parcel of lancl in ICaukauna, made and delivered by defendant to plaintiff, July 15, 1890, and to recover the purchase price paid, on the ground that defendant fraudulently represented that he had title thereto, when in fact the major portion thereof was a public park.
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APPEAL from tíie Circuit Court for Outagamie County. This action was brought to rescind a warranty deed of conveyance of a parcel of lancl in ICaukauna, made and delivered by defendant to plaintiff, July 15, 1890, and to recover the purchase price paid, on the ground that defendant fraudulently represented that he had title thereto, when in fact the major portion thereof was a public park. It appeared that the defendant was the original owner thereof, and bad been in continuous possession thereof for many years, and was so in possession at the time the deed was made and the purchase money…
1Opinion of the Court
On March 21,1893, the following opinion was filed:
*W"inslow, J.
In the examination of this case two questions of difficulty present themselves which were not adequately argued either in the oral argument or in the printed briefs. These questions are :
1. Did the taxation of the locus in quo as the property *108of Lawe from 1878 to 1890, in connection with nonuser and the other circumstances shown, operate to defeat the public rights therein either by way of abandonment or es-toppel?
2. Do the facts shown in the pleadings and proofs constitute in law fraudulent misrepresentation or concealment which…
2Cases cited1 opinion
- McLennan v. PrenticeWisconsin Supreme Court · 1893
3Cited by4 opinions
- Bakken v. PriceWyoming Supreme Court · 1980
- Hurlbert v. T. D. Kellogg Lumber & Manufacturing Co.Wisconsin Supreme Court · 1902
- Bakken v. PriceWyoming Supreme Court · 1980
- Boyd v. Mutual Fire Ass'nWisconsin Supreme Court · 1903