Simpson v. Sneclode
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. Ejectment. The facts are sufficiently stated in the opinion. The plaintiff appeals from a judgment in favor of the defendants. argued, among other things, that an executory contract for purchase is sufficient, to give color of title. Fxwlong v. Garrett, 44 Wis.
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APPEAL from the Circuit Court for Grant County. Ejectment. The facts are sufficiently stated in the opinion. The plaintiff appeals from a judgment in favor of the defendants. argued, among other things, that an executory contract for purchase is sufficient, to give color of title. Fxwlong v. Garrett, 44 Wis. Ill; la Frombois v. Jackson, 8 Cow. 589; Briggs v. Prosser, 14 Wend. 227; Elliott v. Mitchell, 47 Tex. 445; Spitler v. Scofield, 43 Iowa, 511. Where one enters under executory contract he may set up the statute as against others than his vendor. 1 Am. & Eng. Ency. of Law, 232; Elliott v.…
1Opinion of the CourtOrton, J.
This is an action of ejectment brought by the plaintiff to recover the S. E. fractional quarter of section 27, township 3, range 5 W., in Grant coupty. The defendant Sneclode, under his answer to that effect, proved that in the spring of 1866 he purchased the land of Nelson Dewey for $1,454, and received a land contract, by which he was to have a deed thereto on payment of the purchase money. He paid or secured the money in January, 1869, and Dewey caused the land to be deeded to him, and he had the deed recorded. He went into possession of the land under said land contract, exclusive of any…
2Cases cited8 opinions
- La Frombois v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1826
- Elliott v. MitchellTexas Supreme Court · 1877
- Briggs v. ProsserNew York Supreme Court · 1835
- Schneider v. BotschIllinois Supreme Court · 1878
- Furlong v. GarrettWisconsin Supreme Court · 1878
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3Cited by4 opinions
- Schauble v. SchulzCourt of Appeals for the Eighth Circuit · 1905
- Snook v. BowersAlaska Supreme Court · 2000
- Morgan v. MuellerWisconsin Supreme Court · 1900
- Whitcomb v. ProvostWisconsin Supreme Court · 1899