Smith v. Zimmerman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Price County. The plaintiff claims in her complaint to be the owner in fee of lot 4, in block 4, in the village of Prentice, Price county, and to have derived title thereto by deed of conveyance from John and Emma Sanborn, who owned and occupied the premises as their homestead until October 4, 1890, when they entered into written contract to sell and convey the same to W. A. Durkee for the sum of $425, to be thereafter paid therefor, with…
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APPEAL from the Circuit Court for Price County. The plaintiff claims in her complaint to be the owner in fee of lot 4, in block 4, in the village of Prentice, Price county, and to have derived title thereto by deed of conveyance from John and Emma Sanborn, who owned and occupied the premises as their homestead until October 4, 1890, when they entered into written contract to sell and convey the same to W. A. Durkee for the sum of $425, to be thereafter paid therefor, with interest. On the 8th of December, 1890, John P. and Emma Sanborn assigned this contract and their interest in the premises…
1Opinion of the CourtPiNNey, J.
1. The appellant contends that because the plaintiff was not in possession of the premises when she brought her action she cannot maintain it to remove a cloud upon the title. The action is not founded on the statute (S. & B. Ann. Stats, sec. 3186), but is an application to the inherent jurisdiction which courts of equity possess to prevent or remove clouds on title to land, and which they have exercised from a very early period. Evidence aliunde the record of the judgment becomes necessary to show that the premises in question, at the time of the recovery and docketing of the judgment by the…
2Cases cited5 opinions
- Pier v. City of Fond du LacWisconsin Supreme Court · 1875
- Goodell v. BlumerWisconsin Supreme Court · 1877
- Colt v. . Phoenix Fire Insurance Co.New York Court of Appeals · 1874
- Shafer v. Phœnix Insurance Co.Wisconsin Supreme Court · 1881
- Hammel v. Queen's InsuranceWisconsin Supreme Court · 1882
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- Corral v. Consolidated Wagon & Machine Co.Utah Supreme Court · 1919
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