Van Horn v. Richardson
Wisconsin Supreme Court
APPEAL from the Circuit Conrt for Dane County. Ejectment. On the 27th of February, 1850, a certain property in the village of Clinton, town of Christiana, in said county, commonly known as “The Mill Property,” consisted of certain land indicated on the plat of said village as a reservation for hydraulic purposes, together with a portion of two lots numbered 1 and 2 in block 74 in said village, which were occupied by a saw and grist-mill, and by a dam and flume appurtenant to…
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APPEAL from the Circuit Conrt for Dane County. Ejectment. On the 27th of February, 1850, a certain property in the village of Clinton, town of Christiana, in said county, commonly known as “The Mill Property,” consisted of certain land indicated on the plat of said village as a reservation for hydraulic purposes, together with a portion of two lots numbered 1 and 2 in block 74 in said village, which were occupied by a saw and grist-mill, and by a dam and flume appurtenant to said mill. It appears that this mill property belonged to Van Horn and Richardson, but Van Horn held title in severalty…
1Opinion of the CourtCole, J.
The property which the parties agreed to sell and buy is described in the contract as the “mill property.” Richardson agreed to sell to Van Horn, or to his assigns, “all his [.Richardson’s] right, interest and demand to the property known as the mill property in Christiana, now owned and occupied as common and undivided by the said parties.” In the event that Van Horn should elect to sell, then we think it very clear that he was to sell and convey all of his interest in the same property. For, by another clause in the contract, it was stipulated and agreed that “the, party selling shall make…
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