North v. Hammer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Calumet County. The action was for the foreclosure of an equity of redemption in certain lands in Calumet county.
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APPEAL from the Circuit Court for Calumet County. The action was for the foreclosure of an equity of redemption in certain lands in Calumet county. The complaint sets up the making and delivery of a deed by one of the defendants, Sampson, to the plaintiff, August 19,1851, upon the lands in controversy, as security for a debt; the delivery back, at the same time, to the grantor, of a defeasance in the form of a bond under seal for a reconveyance, the grantor remaining in possession. It also alleges certain mistakes in the deed and bond, and asks that they be reformed; that Sampson, from…
1Opinion of the CourtCole, J.
In the disposition of this case we shall confine ourselves to a consideration of a single question, which pre*431sents an insuperable bar to the relief asked by tbe plaintiff, so far' as these defendants are concerned.
The defendants John G. and Esther Hammer set up in their answer as a second defense to the action, that on the 17th of January, 1856, Esther Hammer entered into the possession of the west half of lot 50 under claim of title exclusive of any other right, founding such claim on a deed from Edmund Delaney and wife as a conveyance of the lands to her; and that she has been in the…
2Cases cited5 opinions
- Smith ex dem. Teller v. BurtisNew York Supreme Court · 1812
- Jackson ex dem. Vanderlyn v. NewtonNew York Supreme Court · 1820
- Clarke v. HughesNew York Supreme Court · 1852
- Roseboom v. VechtenNew York Supreme Court · 1848
- Stevens v. BrooksWisconsin Supreme Court · 1869
3Cited by7 opinions
- Lampman v. Van AlstyneWisconsin Supreme Court · 1896
- McMillan v. WehleWisconsin Supreme Court · 1882
- Maxwell v. HartmannWisconsin Supreme Court · 1881
- Kelley v. McKeonWisconsin Supreme Court · 1887
- Cowly v. MonsonU.S. Circuit Court for the District of Western Missouri · 1881
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