Legal Opinion

Everts v. Agnes

Wisconsin Supreme Court

Decided July 1, 1858PublishedCited by 13 opinions

APPEAL IN EQUITY PROM THE MILWAUKEE CIRCUIT COURT. Tlie Fill alleges that some time previous to 1851 complainant Everts was seized in fee of the equal undivided one-half part of certain real estate in Milwaukee county, which had been formerly purchased hy complainant and one Peter Bender of Agnes ; and that being so seized, complainant made a written agreement, on the 31st of May, 1851, with said Agnes, to convey to him complainant’s said interest in said premises, and the…

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APPEAL IN EQUITY PROM THE MILWAUKEE CIRCUIT COURT. Tlie Fill alleges that some time previous to 1851 complainant Everts was seized in fee of the equal undivided one-half part of certain real estate in Milwaukee county, which had been formerly purchased hy complainant and one Peter Bender of Agnes ; and that being so seized, complainant made a written agreement, on the 31st of May, 1851, with said Agnes, to convey to him complainant’s said interest in said premises, and the min thereon, “ for the consideration of five hundred and seventy-five dollars, and one thousand feet of butternut boards;…

1Opinion of the Court

*462By the Cotvrt,

Smith, J.

This case was fully presented, elaborately argued, and carefully considered, when before this court on a former appeal taken in the case. See 4 Wis. Rep., 343.

The only material difference between the case as now presented, and its character on the former occasion, is, that now the defendant, Swift, appears in the attitude of a "bona, fide purchaser, whereas before he did not; and the only question necessary to be now considered, is whether, under the circumstances, he is entitled to protection as such bona fide purchaser; or in other words, whether he derived title by…

2Cases cited1 opinion

  1. Eyerts v. AgnesWisconsin Supreme Court · 1856

3Cited by13 opinions

  1. Steffian v. Milmo National BankTexas Supreme Court · 1888
  2. Dixon v. Bristol Savings BankSupreme Court of Georgia · 1897
  3. Stone v. FrenchSupreme Court of Kansas · 1887
  4. Gould v. WiseCalifornia Supreme Court · 1893
  5. Tisher v. BeckwithWisconsin Supreme Court · 1872

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