Smith v. Armstrong
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Winnebago County. Ejectment. Plaintiff claimed as grantee of one El-bridge Smith, and Caroline J. Smith, his wife.
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APPEAL from tlie Circuit Court for Winnebago County. Ejectment. Plaintiff claimed as grantee of one El-bridge Smith, and Caroline J. Smith, his wife. The defendant Armstrong, npon the* facts alleged in his answer, demanded judgment, 1. For an accounting, to determine the amount due from him as purchase-money for the premises in dispute, upon a sale thereof alleged to have been made to him by Elbridge Smith, with the full knowledge and consent of Ms wife. 2. That upon payment by him into court of the amount found due, plaintiff be required to convey to him (said Armstrong') all the interest…
1Opinion of the CourtDixox, C. J.
It appears to a majority of this court that this cause was correctly decided by the court below, and that the judgment should be affirmed. The questions involved in the case are chiefly of fact, and concern the defense set up by the defendant Armstrong, and his right, as prayed for in Ms answer, to have a specific performance of the contract entered into between Mmself and Elbridge Smith. The facts were, that the property in controversy, a mill site and the saw-mill thereon, situated in the village of Menasha, where all the parties in interest resided, except the plaintiff, Frederick II.…
2Cases cited1 opinion
- Dodge v. HopkinsWisconsin Supreme Court · 1861
3Cited by7 opinions
- Brown v. GriswoldWisconsin Supreme Court · 1901
- Gray v. CrockettSupreme Court of Kansas · 1886
- Heins v. Thompson & Flieth Lumber Co.Wisconsin Supreme Court · 1917
- Moller v. J. L. Gates Land Co.Wisconsin Supreme Court · 1903
- Tufts v. BraceWisconsin Supreme Court · 1899
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