Fisher v. Moolick
Wisconsin Supreme Court
ERROR to tbe Circuit Court for Bane County. Action by tbe beirs of one Fisber to recover tbe S. W. qr. of tbe N. E. qr. of sec. 19, T. 7, E. 11, in Dane county. Judgment for tbe defendant.
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ERROR to tbe Circuit Court for Bane County. Action by tbe beirs of one Fisber to recover tbe S. W. qr. of tbe N. E. qr. of sec. 19, T. 7, E. 11, in Dane county. Judgment for tbe defendant. Tbe facts of tbe case are sufficiently stated in tbe opinion of tbe court. contended that tbe land in controversy having been purchased with tbe money of Fisber, tbe alleged oral agreement under which the- defendant in error claims, was void by tbe statute of frauds, citing 9 Watts, 32 ; 10 Watts, 313 ; 1 Watts & S., 372; -Aid., 149 ; 9 id., 62; 1 Cox, 15 ; 7 Barb. (S. C.), 57 ; 4 Johns., 240; 14 id., 358 ;…
1Opinion of the Court
By the Court,
Cole, J.
In tbis case tbe circuit court decided as a matter of law that Edward Eisber, tbe ancestor of tbe plaintiffs in error, acted as tbe agent and trustee of tbe defendant, in purchasing tbe lands in controversy of the United States, and that be took and held tbe title in that* capacity for the benefit of tbe defendant. Tbe correctness of tbis view was strongly combatted in tbe argument made on tbe part of tbe plaintiffs in error, and many authorities were cited to show that it could not be sustained. But without stopping to inquire whether tbe circuit court was right in tbis…
2Cases cited2 opinions
- Blanchard v. McDougalWisconsin Supreme Court · 1858
- School District No. 3 v. MacloonWisconsin Supreme Court · 1856
3Cited by7 opinions
- Emmel v. HayesSupreme Court of Missouri · 1890
- Du Pont v. DavisWisconsin Supreme Court · 1874
- Treadway v. WilderNevada Supreme Court · 1872
- Prentiss v. BrewerWisconsin Supreme Court · 1864
- Gilfillan v. SchallerSouth Dakota Supreme Court · 1913
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