Poull v. Mockley
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ozaukee County. Poull brought his action to compel the defendant Moekley to release an alleged interest in certain land of Poull’s, known as lot 8. An agreed statement of facts was submitted to the court by the parties, from which it appeared that one Fuchs had formerly owned lot 8 in question, on which there was and still is a well, and one Budinger was the owner of lot 9, lying east of and adjoining lot 8 ; that Fuchs conveyed by warranty…
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APPEAL from the Circuit Court for Ozaukee County. Poull brought his action to compel the defendant Moekley to release an alleged interest in certain land of Poull’s, known as lot 8. An agreed statement of facts was submitted to the court by the parties, from which it appeared that one Fuchs had formerly owned lot 8 in question, on which there was and still is a well, and one Budinger was the owner of lot 9, lying east of and adjoining lot 8 ; that Fuchs conveyed by warranty deed to Budinger, “ his heirs and assigns forever,” the property described in the deed as follows: “The right and…
1Opinion of the CourtCole, J.
On looking into the deed executed by Fuchs to Budinger, there can be no doubt about the intention of the former to convey to the latter an assignable right or privilege. For the language is, conveying to Budinger, “ his heirs and assigns forever the right and privilege to take water for the use of his family, and for any other purposes, out of the well being on the premises ” of the grantor. These words in the deed show very clearly that it was not the intention of the grantor to convey a mere personal right which could be enjoyed by the grantee alone. But notwithstanding the intention of the…
2Cases cited2 opinions
- Garrison v. RuddIllinois Supreme Court · 1858
- French v. MorrisMassachusetts Supreme Judicial Court · 1869
3Cited by7 opinions
- Pinkum v. City of Eau ClaireWisconsin Supreme Court · 1892
- Lawrie v. SilsbySupreme Court of Vermont · 1904
- Mahar v. Grand Rapids Terminal Railway Co.Michigan Supreme Court · 1913
- Talbot v. JosephOregon Supreme Court · 1916
- Carville v. CommonwealthMassachusetts Supreme Judicial Court · 1906
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