Tobey v. McAllister
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, COLÜMBIA COUNTS’. This action was brought in the circuit court for Columbia county; and as it was determined upon the complaint and demurrer, the complaint sets forth all the facts of the case.
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APPEAL PROM CIRCUIT COURT, COLÜMBIA COUNTS’. This action was brought in the circuit court for Columbia county; and as it was determined upon the complaint and demurrer, the complaint sets forth all the facts of the case. Tobey, the plaintiff, filed his complaint in February, 1858, and stated to the effect: That on the second of April, 185^, Tobey was the owner of 151 acres of land in Columbia county, on which there were large and valuable improve**--' ments, and on which he resided with his family, and occupied it as a farm. McAllister and Rosier had before then? been engaged in the business…
1Opinion of the Court
By the Court,
Cole, J.
In several cases decided by this court, but which perhaps have not found their way into the *467reports, we have held that a vendor of real estate has a lien, under certain circumstances, on the estate sold, for the purchase money.
The principle upon which courts of equity have proceeded in establishing this lien is that a person who has gotten the estate of another, ought not, in conscience, as between them, to be allowed to keep it, and not pay the full consideration money. 2 Story’s Eq. Jur., § 1219. This doctrine is founded in natural justice and equity, and although the…
2Cases cited2 opinions
- Gilman v. BrownU.S. Circuit Court for the District of Massachusetts · 1817
- Weed v. PageWisconsin Supreme Court · 1859
3Cited by16 opinions
- Jarratt v. LangstonSupreme Court of Arkansas · 1911
- Haskell v. McClintic-Marshall Co.Court of Appeals for the Ninth Circuit · 1923
- Buford v. McCormickSupreme Court of Alabama · 1876
- Palmer v. GoldbergWisconsin Supreme Court · 1906
- Berger v. BergerWisconsin Supreme Court · 1899
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