Mississippi River Logging Co. v. Wheelihan
Wisconsin Supreme Court
Appeal from an order of the circuit court for Juneau county: O. B. Wyman, Circuit Judge. Action to recover damages for breach, of an alleged covenant for quiet enjoyment.
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Appeal from an order of the circuit court for Juneau county: O. B. Wyman, Circuit Judge. Action to recover damages for breach, of an alleged covenant for quiet enjoyment. The complaint states, by appropriate allegations, the making of a conveyance, by deed, of certain real estate to one E. M. Miles on the 4th day of February, 1889, for the consideration of $2,000; that such conveyance contained a covenant in the following words: That the said W. P. Wheelihan and wife, Margaret, for their heirs, executors, and administrators, do covenant, grant, bargain, and agree to and with the said party of…
1Opinion of the CourtMarshall, J.
It is conceded that the language of the covenant of warranty, as contained in the deed, taking the clause as a whole without supplying any words by presumption, is meaningless. The respondent covenanted that the grantee in the deed, “ his heirs and assigns, in the quiet and peaceable possession of the demised premises against every person claiming any part thereof, by, through, or under- and no other-will forever warrant and defendP The learned counsel for the appellant contends that the court should, in effect, add to this clause the word “ them ” after the word “ under,” and “ they ” after…
2Cases cited2 opinions
- Riggin v. LoveIllinois Supreme Court · 1874
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- Mayer v. GoldbergWisconsin Supreme Court · 1902
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