Nichol v. Alexander
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. Action on certain alleged breaches- of covenants in deeds of conveyance, The plaintiff appeals from an order sustaining a demurrer to the complaint.
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APPEAL from tbe Circuit Court for Milwaukee County. Action on certain alleged breaches- of covenants in deeds of conveyance, The plaintiff appeals from an order sustaining a demurrer to the complaint. The grounds of demurrer, and all facts necessary to an understanding of the decision of this court, are stated in the opinion. argued that if causes of action which might at least be set up in the same complaint (R. S., ch. 125, sec. 29) are improperly combined in a single count, the remedy is not by demurrer, but by motion to compel plaintiff to elect upon which cause of action he will proceed,…
1Opinion of the CourtLyon, J.
This is an action brought to recover damages for *124breaoh.es of tbe covenants against incumbrances, for quiet enjoyment, and of general warranty, contained in two certain conveyances executed by the defendant to the plaintiff, of two parcels of land in the city of Milwaukee. Both conveyances were executed in 1855, and a cause of action for the breach of the covenants in each deed is separately stated in the complaint.
After setting out the execution, delivery and recording of such conveyances, the consideration therefor, and the covenants therein contained, the complaint alleges a sale of the…
2Cases cited5 opinions
- Fisk v. TankWisconsin Supreme Court · 1860
- Chapel v. BullMassachusetts Supreme Judicial Court · 1821
- Noonan v. IlsleyWisconsin Supreme Court · 1866
- Pillsbury v. MitchellWisconsin Supreme Court · 1856
- Baxter v. StateWisconsin Supreme Court · 1859
3Cited by14 opinions
- McLennan v. PrenticeWisconsin Supreme Court · 1893
- Poposkey v. MunkwitzWisconsin Supreme Court · 1887
- Messer v. OestreichWisconsin Supreme Court · 1881
- State v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1907
- McInnis v. LymanWisconsin Supreme Court · 1885
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