Davis v. Ruggles
Wisconsin Supreme Court
ERROR to the Circuit Court for Fond du Lac County. The case is stated in the opinion of the court. The jury found for the plaintiff damages to the amount of $816. - ' The plaintiff made a motion for a new trial upon an affidar vit, set out in the opinion of the court. 1. The court erred in rejecting the deed from Joseph Gage to Stephen Gage, dated 13th of November, 1848, when offered in evidence by the defendant in mitigation of damages. 2.The com! erred in refusing to set…
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ERROR to the Circuit Court for Fond du Lac County. The case is stated in the opinion of the court. The jury found for the plaintiff damages to the amount of $816. - ' The plaintiff made a motion for a new trial upon an affidar vit, set out in the opinion of the court. 1. The court erred in rejecting the deed from Joseph Gage to Stephen Gage, dated 13th of November, 1848, when offered in evidence by the defendant in mitigation of damages. 2.The com! erred in refusing to set aside the verdict of the jury and to grant a new trial, on the motion of the defendant, upon the ground of surprise. 1.…
1Opinion of the CourtWhitoN, J.
This was an action of covenant, and the breach assigned in the plaintiff’s declaration Was on the covenant of seizin contained in a deed, purporting to convey to the defendant in error, the plaintiff below, a' quantity of land. The plea was non est factum, accompanied with a notice- that the defendant would prove on the trial that, subsequent to the making and delivery of the deed containing the covenant alleged to have been broken, one Joseph Gage made, executed and delivered to the defendant a certain deed, conveying to the defend*479ant the fee simple to the premises whereof the plaintiff…
2Cases cited1 opinion
- Jackson ex dem. Horton v. RoeNew York Supreme Court · 1812
3Cited by1 opinion
- Nay v. CrookWisconsin Supreme Court · 1845