Topping v. Parish
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. This action was brought to rescind the sale and convey-ance of a farm made by John Sipes, in his lifetime, and Martha J. Sipes, July 19, 1894, to the plaintiff, for $2,200. •Of this sum, $1,788 was secured by two notes and a mort.gage on the same premises, and the remaining sum of $412 was paid by a transfer to the vendors of a note and mortgage against other parties and premises,…
Read the full summary
Appeal from a judgment of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. This action was brought to rescind the sale and convey-ance of a farm made by John Sipes, in his lifetime, and Martha J. Sipes, July 19, 1894, to the plaintiff, for $2,200. •Of this sum, $1,788 was secured by two notes and a mort.gage on the same premises, and the remaining sum of $412 was paid by a transfer to the vendors of a note and mortgage against other parties and premises, upon which that sum was actually due. The vendors at the time conveyed the premises s.old to the plaintiff bytwarranty…
1Opinion of the CourtPiNNEY, J.
It may be inferred, perhaps, from the facts above stated and contained in the complaint, although not expressly so alleged, that the deed to the plaintiff contained a covenant that the grantors were lawfully seised in fee at the time of its delivery. It is alleged that the deed was a warranty deed, and there is no claim that a valid title to the lands did not pass by it to the plaintiff. The stipulation or *381covenant for the delivery of possession of the premises to the plaintiff on the 1st of April, 1895, was executory; and it seems that, the lease to Alvina Decker having expired, the…
2Cases cited5 opinions
- Fritz v. PuseySupreme Court of Minnesota · 1884
- Weintz v. HafnerIllinois Supreme Court · 1875
- Board of Supervisors v. WalbridgeWisconsin Supreme Court · 1875
- Gillett v. TreganzaWisconsin Supreme Court · 1861
- Selby v. HutchinsonIllinois Supreme Court · 1847
3Cited by5 opinions
- Koeber v. SomersWisconsin Supreme Court · 1901
- Illinois Steel Co. v. KonkelWisconsin Supreme Court · 1911
- North Side Loan & Building Society v. NakielskiWisconsin Supreme Court · 1906
- Ellis v. Southwestern Land Co.Wisconsin Supreme Court · 1899
- Thomas v. DunneanSupreme Court of Colorado · 1924