Legal Opinion

Slaughter v. Bernards

Wisconsin Supreme Court

Decided October 22, 1897PublishedCited by 15 opinions

Appeal from a judgment of the circuit court for Dane county; E. Gr. SiebecKee, Circuit Judge. This was an action of ejectment.

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Appeal from a judgment of the circuit court for Dane county; E. Gr. SiebecKee, Circuit Judge. This was an action of ejectment. It was tried by the court and resulted in findings of fact and conclusions of law, covering all the issues raised by the pleadings, which may be stated in substance as follows: On the 12th day of February, 1840, Eamsay McHenry, a resident of the state of Maryland, was the owner-in foe simple of the lands described in tbe complaint, situated in Dane county, Wisconsin, which he on that day, by deed with full covenants, conveyed to George H. Slaughter. At the same time…

1Opinion of the CourtMaRshall, J.

There is no controversy but that, on the 12th day of February, 1840, Eamsay McHenry was the owner in fee simple of the lands described in the complaint, and on that day conveyed the same to George H. Slaughter and received back a mortgage thereon to secure $720. Was the title thereafter affected by the cancellation instrument ? That is the first question presented by this appeal. The trial court found in the negative. To that appellant excepted, contending that the legal title was in McHenry under the mortgage, that an equitable interest only remained in Slaughter, which could be surrendered…

2Cases cited25 opinions

  1. Campbell v. . BeaumontNew York Court of Appeals · 1883
  2. Brinkman v. JonesWisconsin Supreme Court · 1878
  3. Astor v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1830
  4. Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
  5. Somers v. PumphreyIndiana Supreme Court · 1865

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3Cited by15 opinions

  1. State v. AllesWisconsin Supreme Court · 1982
  2. Lundin v. ShimanskiWisconsin Supreme Court · 1985
  3. Schomberg v. GaenslenWisconsin Supreme Court · 1927
  4. Nord v. NordNorth Dakota Supreme Court · 1938
  5. Estate of Holmes v. HolmesWisconsin Supreme Court · 1939

10 more not listed; retrieve them via the Exa API.

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