Legal Opinion

Wisconsin River Land Co. v. Selover

Wisconsin Supreme Court

Decided May 8, 1908PublishedCited by 5 opinions

Appeal from a judgment of the superior court of Lincoln -county: Almost A. Helme, Judge. This is a statutory action to remove a cloud from the title of a forty-acre tract of unoccupied land in Lincoln county. The defendant claimed title under a quitclaim deed from James A. Andrews and wife executed in October, 1906, and duly recorded on the 16th of that month.

Read the full summary

Appeal from a judgment of the superior court of Lincoln -county: Almost A. Helme, Judge. This is a statutory action to remove a cloud from the title of a forty-acre tract of unoccupied land in Lincoln county. The defendant claimed title under a quitclaim deed from James A. Andrews and wife executed in October, 1906, and duly recorded on the 16th of that month. The evidence showed that on and prior to February 18, 1885, the parcel was owned by John Oomstock in fee and that on that day he conveyed the same by warranty deed, together with a large number of other parcels of land, to the plaintiff…

1Opinion of the Court

Winslow, O. J.

The defendant’s claim is that he was a subsequent purchaser in good faith and for a valuable consideration of the lands in question, and that since his deed was first duly recorded he is protected in his title, as against the plaintiffs previous unrecorded conveyance, by the terms of the recording act. See. 2241, Stats. (1898). The trial court held that although the defendant did not have actual knowledge of the plaintiffs title he still was not a purchaser in good faith, nor did he pay a valuable consideration. With these conclusions we entirely agree. Unquestionably the…

2Cases cited2 opinions

  1. DeWitt v. PerkinsWisconsin Supreme Court · 1868
  2. Hoppin v. DotyWisconsin Supreme Court · 1870

3Cited by5 opinions

  1. Beach v. FaustCalifornia Supreme Court · 1935
  2. Morris v. WicksSupreme Court of Kansas · 1910
  3. Pender v. BIRDUtah Supreme Court · 1950
  4. Smith County Oil Co. v. JefcoatMississippi Supreme Court · 1948
  5. Haag v. GormanWisconsin Supreme Court · 1931

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API