Legal Opinion

Hall v. Delaplaine

Wisconsin Supreme Court

Decided July 1, 1856PublishedCited by 39 opinions

= This was a bill brought for tbe specific performance of a contract for tbe sale of real estate, by tbe vendees against tbe vendors.

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= This was a bill brought for tbe specific performance of a contract for tbe sale of real estate, by tbe vendees against tbe vendors. Tbe material facts appearing from tbe bill, answers, exhibits and testimony, may be briefly stated, in tbe order of their occurrence, as follows : On tbe 13th day of May, 1853, .the defendants Delaplaine and Burdick, of Madison, "Wisconsin, entered into a contract in writing with Samuel Waggoner and tbe complainant Hall, of Seneca county, Ohio, for tbe sale of two parcels of land in tbe city of Madison, for tbe sum of-$2,300. Tbe purchase money was secured by…

1Opinion of the Court

By the Court,

Whitoh, 0. J.

Before proceeding to discuss the rights of the parties to the original contract for the sale of the land in disput^, we will dispose of the case so far as the defendant Dewey is concerned.

It will be seen that he claims to be a purchaser of the land in good faith, having no knowledge of the contract which Deiaplaine and Burdick entered into to sell the land.

We are of opinion that this is established by the testimony. This being the case, there can be no doubt that he obtained a good title to the land, and that the complainants therefore cannot obtain a decree for the…

2Cited by39 opinions

  1. Morgan v. BellWashington Supreme Court · 1892
  2. Hammond v. HanninMichigan Supreme Court · 1870
  3. Cole v. GetzingerWisconsin Supreme Court · 1897
  4. Swearingen v. LahnerSupreme Court of Iowa · 1894
  5. Oconto Co. v. BaconWisconsin Supreme Court · 1923

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