Hilmert v. Christian
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Sheboygan County. Action by husband and wife for a breach of the covenant of seizin in defendant’s deed to the wife. The complaint alleges the execution and delivery to the plaintiff, Mary Hilmert, of a deed of land, containing the usual covenants of seizin and warranty, and that at the time of its execution and delivery, the defendant was not seized of one third part of the premises, and demands judgment for the damages.
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APPEAL from tbe Circuit Court for Sheboygan County. Action by husband and wife for a breach of the covenant of seizin in defendant’s deed to the wife. The complaint alleges the execution and delivery to the plaintiff, Mary Hilmert, of a deed of land, containing the usual covenants of seizin and warranty, and that at the time of its execution and delivery, the defendant was not seized of one third part of the premises, and demands judgment for the damages. Answer, a general denial. On the trial the plaintiffs introduced the record of the deed, and proved the breach of the covenant of seizin,…
1Opinion of the CourtCole, J.
It is very apparent that the jury must have found under the directions of the court that the deed was executed, acknowledged and delivered in the name of Mary Hilmert. The court very clearly and pointedly instructed the jury that the action must fail, if they found from the evidence either that the deed when delivered had both William and Mary Hilmert named as grantees therein; or if it was executed and delivered as a deed to William, and his name was afterwards struck out and the naine of Mary inserted in its place as grantee; because the delivery of the deed to William would have the effect…
2Cited by6 opinions
- Albright v. AlbrightWisconsin Supreme Court · 1888
- Rogers v. RogersWisconsin Supreme Court · 1881
- Harsin v. OmanWashington Supreme Court · 1912
- Lampe v. KennedyWisconsin Supreme Court · 1882
- Judd v. RandallSupreme Court of Minnesota · 1886
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