Davis v. Henderson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Vernon County. Action to enforce a vendor’s lien on land for the purchase money. The case stated in the complaint is substantially as follows: In May, 1856, the plaintiff, being seized in fee of 209 acres of land, and holding school land certificates for 120 acres of state land adjoining, agreed with John Henderson, as the agent of Helen Henderson, to convey said lands to said John as such agent, but in his own name, and said John, as such…
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APPEAL from the Circuit Court for Vernon County. Action to enforce a vendor’s lien on land for the purchase money. The case stated in the complaint is substantially as follows: In May, 1856, the plaintiff, being seized in fee of 209 acres of land, and holding school land certificates for 120 acres of state land adjoining, agreed with John Henderson, as the agent of Helen Henderson, to convey said lands to said John as such agent, but in his own name, and said John, as such agent, purchased the same. By the agreement the plaintiff was to execute a warranty deed of the 209 acres to said John,…
1Opinion of the Court
Dixon, 0. J.
The theory of the complaint is, that the defendant John Henderson was the agent of his mother, Helen Henderson, in the purchase of the lands, and that the conveyance to him was, so far as the rights and interests of the plaintiff are concerned, the same as if the lands had been in the first instance conveyed to her. The difficulty about sustaining the j udgment of the court below is, that there is absolutely no proof of such agency, nor of any subsequent ratification by Helen Henderson, with knowledge that John Henderson assumed to act as her agent. The only proof on the part of…
2Cited by5 opinions
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