Larscheid v. Kittell
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown -county: S. D. Hastings, Circuit Judge. Plaintiff sold to one Hashek certain lots in the town of Preble, Brown county, Wisconsin, evidently with the contemplation that some kind of a factory would he built upon them.
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Appeal from a judgment of the circuit court for Brown -county: S. D. Hastings, Circuit Judge. Plaintiff sold to one Hashek certain lots in the town of Preble, Brown county, Wisconsin, evidently with the contemplation that some kind of a factory would he built upon them. The sale price was $1,400, but the land contract provided for the payment of $2,000, plaintiff having loaned or-agreed to loan said Hashek an additional sum to the amount of $600. In December, 1907, Hashek organized the defendant corporation to take over his business, including these lots, with whatever buildings and machinery…
1Opinion of the CourtDodge, J.
The right of a grantor of lands to have established a lien thereon for unpaid purchase money is neither a legal lien nor an interest in the real estate. It is a right merely recognized in courts of chancery in order to protect the very general equity that the purchaser shall not enjoy the property purchased with immunity from his agreement to pay therefor. 3 Pom. Eq. Jur. § 1249 et seq.; Halvorsen v. Halvorsen, 120 Wis. 52, 97 N. W. 494. Since it is only recognized under the broadest of equity powers and for the purpose of promoting equity in excess of legal rights, courts will not enforce it…
2Cases cited20 opinions
- Richardson v. TysonWisconsin Supreme Court · 1901
- Commercial National Bank v. BurchIllinois Supreme Court · 1892
- Post v. CampbellWisconsin Supreme Court · 1901
- Remington v. Eastern Railway Co. of MinnesotaWisconsin Supreme Court · 1901
- Wilson v. WallSupreme Court of Virginia · 1901
15 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Leo Feist, Inc. v. YoungCourt of Appeals for the Seventh Circuit · 1943
- Johnson v. FrebergSupreme Court of Minnesota · 1929
- Weegham v. KilleferDistrict Court, W.D. Michigan · 1914
- Bell & Howell Co. v. BlissCourt of Appeals for the Seventh Circuit · 1919
- Tansil v. McCumberSupreme Court of Iowa · 1925
14 more not listed; retrieve them via the Exa API.