Ely v. Wilcox
Wisconsin Supreme Court
APPEAL from the Circuit Court for Douglass County. In 1859, Ely filed a bill against Nathaniel Greene Wilcox and Timothy Dwight Wilcox, for the purpose of having a conveyance of land from one Matson to said Nathaniel Greene Wilcox, and a subsequent conveyance thereof from the latter to the other defendant, declared to be void as against plaintiff’s title to the land.
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APPEAL from the Circuit Court for Douglass County. In 1859, Ely filed a bill against Nathaniel Greene Wilcox and Timothy Dwight Wilcox, for the purpose of having a conveyance of land from one Matson to said Nathaniel Greene Wilcox, and a subsequent conveyance thereof from the latter to the other defendant, declared to be void as against plaintiff’s title to the land. The circuit court found in favor of the plaintiff, and, among other things, found that Nathaniel Greene Wilcox, when he took his deed from Matson, had actual notice of the previous sale and conveyance of the land bj Matson to the…
1Opinion of the CourtCole, J.
The first question which naturally arises on this appeal is, whether the matters stated in the complaint show that the plaintiff has such an interest in the subject-matter of the litigation as to be entitled to any portion of the relief demanded. It appears that the plaintiff has sold and conveyed to “ sundry and large numbers of persons,” for “ sundry valuable considerations and large sums of money, amounting in the aggregate to more than twelve thousand dollars,” “ a large portion of the premises by lots according to the recorded plate,” and that all of the deeds of conveyance “ contained…
2Cases cited3 opinions
- Malins v. . BrownNew York Court of Appeals · 1850
- Shaeffer v. KreitzerSupreme Court of Pennsylvania · 1814
- Owen v. PaulSupreme Court of Alabama · 1849
3Cited by23 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Cressler v. BrownSupreme Court of Oklahoma · 1920
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- MacDermot v. HayesCalifornia Supreme Court · 1917
- Pringle v. DunnWisconsin Supreme Court · 1875
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