Combs v. Scott
Wisconsin Supreme Court
APPEAL from the Circuit Court for Lincoln County. The case is stated in the opinion. To the point that courts of equity will not decree specific performance in the case of stale or suspicious claims, they cited, in addition to cases referred to in the opinion, Wallcer v. Jeffreys, 1 Hare, 348; Heaphy v. Hill, 2 Sim. & S. 29; Pigg v. Corder, 12 Leigh, 69; Madox v. M’ Quean, 3 A. K. Marsh. 400; Boston ds M. Co. v. Bartlett, 10 Gray, 384; White v. Bennett, 7 Eich. Eq. 260.
1Opinion of the CourtObton, J.
This is an action for specific performance, brought by the plaintiff, Harrison Combs, against Walter A. Scott, trustee of the estate of Thomas B. Scott, deceased, and his heirs, as defendants, of the following contract, viz.:
“May 1, 1882. In consideration of one dollar and other *664valuable considerations, to wit, settlement of all suits, actions, differences, and matters of difference, I agree to give to Harrison Combs, of Applington, Iowa, on or before July 1, 1882, a good and sufficient deed in fee-simple of all my right, title, and interest of, in, and to the stump lands which I now own,…
2Cases cited26 opinions
- Hopkins v. LeeSupreme Court of the United States · 1821
- Greason v. . KeteltasNew York Court of Appeals · 1858
- Barlow v. . ScottNew York Court of Appeals · 1861
- Seymour v. DelanceyNew York Court of Chancery · 1822
- Baldwin v. MunnNew York Supreme Court · 1829
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3Cited by34 opinions
- E. L. Husting Co. v. Coca Cola Co.Wisconsin Supreme Court · 1931
- Cole v. GetzingerWisconsin Supreme Court · 1897
- Oconto Co. v. BaconWisconsin Supreme Court · 1923
- Franey v. WarnerWisconsin Supreme Court · 1897
- McLennan v. ChurchWisconsin Supreme Court · 1916
29 more not listed; retrieve them via the Exa API.