Peshtigo Lumber Co. v. Ellis
Wisconsin Supreme Court
Appeals from orders of tbe circuit court for Marinette county: S. D. HastiNGS, Circuit Judge. Tbe complaint in tbis action, after alleging tbe corporate character of tbe .plaintiff, alleges, in substance, that tbe defendant Duncan McGregor, on October 14, 1899, owned two forty-acre tracts of land in Marinette county, Wisconsin, and on that day sold to tbe plaintiff all of tbe timber then standing or lying thereon, with tbe privilege of entering on tbe lands to cut and remove…
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Appeals from orders of tbe circuit court for Marinette county: S. D. HastiNGS, Circuit Judge. Tbe complaint in tbis action, after alleging tbe corporate character of tbe .plaintiff, alleges, in substance, that tbe defendant Duncan McGregor, on October 14, 1899, owned two forty-acre tracts of land in Marinette county, Wisconsin, and on that day sold to tbe plaintiff all of tbe timber then standing or lying thereon, with tbe privilege of entering on tbe lands to cut and remove said timber at any time prior to April 1, 1903, for a consideration of $1,500, and executed tbe following written…
1Opinion of the CourtWiNSLOW, J.
This is an action in equity to obtain a judgment allowing the plaintiff to cut and remove timber from the lands in question after the time limited by its contract, on the ;ground that the defendants Gottschalk and Ellis by their acts wrongfully prevented the plaintiff from cutting and removing the same during the contract period, and should not be allowed to take advantage of their own wrong.
The contract set forth in the complaint was not executed under seal, and hence conveyed no legal title to the standing timber, because it is part of the real estate; but it sufficed to •create an…
2Cases cited5 opinions
- Rust v. ConradMichigan Supreme Court · 1882
- Strasson v. MontgomeryWisconsin Supreme Court · 1873
- Golden v. GlockWisconsin Supreme Court · 1883
- Sanders v. ClarkSupreme Court of Iowa · 1867
- Monroe v. BowenMichigan Supreme Court · 1873
3Cited by7 opinions
- Western Lime & Cement Co. v. Copper River Land Co.Wisconsin Supreme Court · 1909
- Schmidt v. Town of AlmonWisconsin Supreme Court · 1923
- Walker v. CoxSupreme Court of Alabama · 1923
- Bretz v. R. Connor Co.Wisconsin Supreme Court · 1909
- Kneeland-McLurg Lumber Co. v. LillieWisconsin Supreme Court · 1914
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