Campbell v. Thomas
Wisconsin Supreme Court
APPEAL from the Circuit Court for Racwie County. The case, stated most favorably to the plaintiff, is briefly as follows: The plaintiff and Thomas entered into a parol agreement for the sale by the latter to the former of certain land, at a stipulated price, to be secured and paid as hereinafter mentioned.
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APPEAL from the Circuit Court for Racwie County. The case, stated most favorably to the plaintiff, is briefly as follows: The plaintiff and Thomas entered into a parol agreement for the sale by the latter to the former of certain land, at a stipulated price, to be secured and paid as hereinafter mentioned. In accordance with such parol agreement, the plaintiff paid Thomas a small sum on account of the purchase money, and the latter signed, sealed and duly acknowledged a deed of the premises to the plaintiff (which was in the usual form'of a warranty deed), and delivered the same to Judge…
1Opinion of the Court
The following opinion was filed at the August term, 1875.
LyoN, J.
If the deed deposited by Thomas with Judge Hand was an escrow, we have no doubt the conditions upon which the same was to be delivered to the plaintiff, who was the grantee named therein, might lawfully rest in parol and be proved by parol. Was the instrument an escrow? If Thomas, notwithstanding the deposit, retained control of it, it was not, Etnd he might lawfully reclaim it or prevent a delivery of it to the plaintiff. See Prutsman v. Baker, 30 Wis., 644, and cases cited.
It is very clear that unless there was a valid…
2Cases cited14 opinions
- Prutsman v. BakerWisconsin Supreme Court · 1872
- Stanton v. . MillerNew York Court of Appeals · 1874
- Hatch v. HatchMassachusetts Supreme Judicial Court · 1812
- Eyerts v. AgnesWisconsin Supreme Court · 1856
- Welch v. SackettWisconsin Supreme Court · 1860
9 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Simpson v. GreenTexas Commission of Appeals · 1921
- White v. McKnightSupreme Court of South Carolina · 1928
- Albright v. AlbrightWisconsin Supreme Court · 1888
- Kopp v. ReiterIllinois Supreme Court · 1893
- Nichols v. OppermannWashington Supreme Court · 1893
40 more not listed; retrieve them via the Exa API.