Smith v. Mariner
Wisconsin Supreme Court
The importance of tbe questions involved in this case justifies a fall statement of tbe pleadings and evidence therein. Tbe bill was filed by tbe complainant setting, forth that on tbe 15th day of June, A. D. 1850, at a sale of school and university' lands, in the county of Milwaukee, in accordance with the pro: visions of chapter 24 of the Revised Statutes of the state of Wisconsin, Clinton Walworth became and was the purchaser of lot number 18, in township number 7 north…
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The importance of tbe questions involved in this case justifies a fall statement of tbe pleadings and evidence therein. Tbe bill was filed by tbe complainant setting, forth that on tbe 15th day of June, A. D. 1850, at a sale of school and university' lands, in the county of Milwaukee, in accordance with the pro: visions of chapter 24 of the Revised Statutes of the state of Wisconsin, Clinton Walworth became and was the purchaser of lot number 18, in township number 7 north of range number 22 east, in the southeast quarter of section number sixteen, according to the plats of said lands…
1Opinion of the Court
By the Court,
Oole, J.
The testimony taken upon the hearing of this cause does not materially vary the case as it stands upon bill, answer and replication. It, therefore, becomes necessary, for a proper understanding of the charge of fraud and mistake, which are relied upon as grounds of relief in this case, to look at the principal allegations of complainant’s bill, containing that charge, and such parts of the answer of the defendant, Mariner, as are responsive thereto.
The bill was filed in the Circuit Court of Milwaukee county, on the 8th of June, among other matters, stating in substance,…
2Cases cited2 opinions
- Smith v. RichardsSupreme Court of the United States · 1839
- McFerran v. TaylorSupreme Court of the United States · 1806
3Cited by15 opinions
- State ex rel. Carnation Milk Products Co. v. EmeryWisconsin Supreme Court · 1922
- Payne v. City of RacineWisconsin Supreme Court · 1935
- Rainey v. QuigleyOregon Supreme Court · 1947
- Bussian v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
- Mowry v. WoodWisconsin Supreme Court · 1860
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