Horner v. Dellinger
U.S. Circuit Court for the District of Eastern Wisconsin
This was an action of ejectment, to recover the possession of certain lands and water-power in the county of Fond du Lac, in this state.
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This was an action of ejectment, to recover the possession of certain lands and water-power in the county of Fond du Lac, in this state. On the twenty-first day of March, 1851, Mary Eleanor Watson, being the owner under title from the United States of the premises in question, by her attorney, duly authorized, executed to one David P. Mapes an instrument of conveyance which contained the following provisions: That — . “Whereas, the said David P. Mapes has, by virtue of a certain eontracG *■ * * made on the seventeenth day of November, A. D. 1848, by and between the parties to this indenture,…
1Opinion of the CourtDver, J.
1. The first question for consideration is, what effect, if any, did the release by the plaintiff of Haas and Powers from the obligation to pay rent for the portions of the premises claimed and possessed by them, as evidenced by the conveyances they received from the plaintiff pending this suit, have upon the rights of the parties? The contention of the defendant is that this release operated to discharge the whole rent-charge and to release all parties therefrom, and therefore to destroy the very basis of this suit. That the deed from Watson to Mapes created a rent-charge, according to the…
2Cases cited9 opinions
- Van Rensselaer v. . HaysNew York Court of Appeals · 1859
- Blackwood v. Van VleitMichigan Supreme Court · 1874
- Williams v. . TownsendNew York Court of Appeals · 1865
- Smith v. LewisWisconsin Supreme Court · 1866
- Sands v. DavisMichigan Supreme Court · 1879
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3Cited by1 opinion
- Hurt v. SchneiderSupreme Court of Colorado · 1916