Kreuger v. Zirbel
Wisconsin Supreme Court
ERROR TO THE MI1WAUKEE COUUTY COURT. TMs was an action of covenant, ■ brought by tlie tlie defendant in error, for a breach of the covenant of "seizin contained in a deed executed by plaintiff in error to defendant in error. The declaration sets forth the execution of the deed, the consideration amounting to $25.00, the covenant, and the breach thereof, claiming $500 damages.
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ERROR TO THE MI1WAUKEE COUUTY COURT. TMs was an action of covenant, ■ brought by tlie tlie defendant in error, for a breach of the covenant of "seizin contained in a deed executed by plaintiff in error to defendant in error. The declaration sets forth the execution of the deed, the consideration amounting to $25.00, the covenant, and the breach thereof, claiming $500 damages. The defendant, for a plea, .denies the execution of the deed, and admits all the other allegations of the declaration. The cause was tried, and by consent, judgment was rendered for plaintiff for $25, with interest from…
1Opinion of the Court
By the Court,
Whitow, C. J.
The plaintiff below (Zirbel) sued Kreuger in the County Court for Milwaukee county, in an action of covenant. The declaration alleged a breach of the covenant of seizin, and also'bf the covenant, that the covenantor had good right to sell and convey. The covenants were contained in a deed of a lot of land in the city of Milwaukee. Tne defendant pleaded non est factum, and also a special plea, in which he admitted that he had no title, legal or equitable, to the land, nor any right to convey it. The plaintiff recovered a judgment by consent, for the sum of thirty-five…
2Cases cited1 opinion
- Barney v. KeithNew York Supreme Court · 1831
3Cited by4 opinions
- Laney v. IngallsSouth Dakota Supreme Court · 1894
- Dishneau v. NewtonWisconsin Supreme Court · 1895
- Dunning v. FaulknerWisconsin Supreme Court · 1860
- Paulson v. SorensonNorth Dakota Supreme Court · 1916