Mitchell v. Pillsbury
Wisconsin Supreme Court
This case was an action of covenant against incumbrances, originally brought before a justice of tbe peace, by tbe plaintiff in error against tbe defendant in error, and appealed to tbe Circuit Court. At tbe October term, A. D. 1855, tbe plaintiff obtained judgment, wbicb was reversed on error at tbe last June term of tbis court, and tbe cause was remanded for further proceedings.
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This case was an action of covenant against incumbrances, originally brought before a justice of tbe peace, by tbe plaintiff in error against tbe defendant in error, and appealed to tbe Circuit Court. At tbe October term, A. D. 1855, tbe plaintiff obtained judgment, wbicb was reversed on error at tbe last June term of tbis court, and tbe cause was remanded for further proceedings. At tbe October term, 1856, of tbe Eacine circuit, tbe cause came on again for trial upon new pleadings filed by leave of tbe court. Tbe declaration was in covenant upon a deed executed by tbe defendant to tbe…
1Opinion of the Court
By the Court,
WhitoN, C. J.
We think that tbe nonsuit in this case was wrongly ordered.
There can be no doubt, we suppose, that if there was a tax lawfully assessed upon tbe land .at the time of tbe conveyance, which the- covenantee was obliged to pay, in order to prevent a sale of tbe laud, or to redeem it after a sale bad taken place, and which be bad actually paid, tbe .covenant. against incumbrances was broken.
Indeed, this does not appear to be disputed by tbe counsel for tbe defendant in error; tbe only question being, whether there was,, in fact, such a tax lawfully existing.
■ To establish…
2Cited by6 opinions
- Semple v. WhortonWisconsin Supreme Court · 1887
- Doherty v. RiceWisconsin Supreme Court · 1942
- Chapman v. KimballNebraska Supreme Court · 1878
- White v. GibsonMichigan Supreme Court · 1906
- Stewart v. ClarkSupreme Court of Kansas · 1871
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