Daniels v. Lewis
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. The defendant demurred to the plaintiff’s complaint, on the ground that it did not state facts sufficient to constitute a cause of action. The circuit court over-ruled the demurrer and the defendant appealed to this court. The facts set out in the complaint are stated in the opinion of the court, so far as they relate to the point decided.
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APPEAL from the Circuit Court for Dodge County. The defendant demurred to the plaintiff’s complaint, on the ground that it did not state facts sufficient to constitute a cause of action. The circuit court over-ruled the demurrer and the defendant appealed to this court. The facts set out in the complaint are stated in the opinion of the court, so far as they relate to the point decided. The complaint does not state a valid agreement which the court will enforce by action for specific performance, because it is a verbal agreement for the purchase of real estate, and the plaintiff has not been…
1Opinion of the Court
By the Court,
Paine, J.
The only question presented on this appeal is, whether the complaint sets forth sufficient to take the parol agreement for the sale of the land out of the statute of frauds. The facts alleged are substantially as follows : Lands which the plaintiff had sold by warranty deed, and the title to which he was bound to defend, had been sold for taxes, and tax deeds were issued and recorded, but they are averred to have been illegal and void. The law in force at the time these deeds were recorded, required the owner to bring his action for the recovery of the land within three…
2Cited by4 opinions
- Slingerland v. SlingerlandSupreme Court of Minnesota · 1888
- Horn v. LudingtonWisconsin Supreme Court · 1873
- Papenthien v. CoerperWisconsin Supreme Court · 1924
- Sheehan v. FarwellMichigan Supreme Court · 1903