Benedict v. Horner
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Kenosha County) This was a suit in equity, commenced in 1855 by Lewis Benedict, to remove a cloud upon his title to certain real estate in the city of Kenosha. The bill alleged that on the 27th of October, 1848, one SpencerS.
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APPEAL from tbe Circuit Court for Kenosha County) This was a suit in equity, commenced in 1855 by Lewis Benedict, to remove a cloud upon his title to certain real estate in the city of Kenosha. The bill alleged that on the 27th of October, 1848, one SpencerS. Benedict,.and one Walter M. Rockwell, executed to the plaintiff a deed (set forth at length), in which, after reciting that they and the plaintiff had lately been copartners in business under the names of Lewis Benedict & Son, and Lewis Benedict & Co., and that in the course of the collection of debts due them in New York and other…
1Opinion of the Court
By the Court,
Dixoít, C. J.
Conceding that the conveyance from Spencer S. Benedict and wife and Walter M. Boekwell and wife to the appellant, is not void for uncertainty, but that it falls within that class of ambiguities, sometimes called patent, which may be explained by parol evidence (see 2 Phillips on Evidence, Cowen & Hill’s and Edwards’ notes, page 747, note 575, and cases there cited, and 1 Grreenleaf on Ev., §§ 297-300) pand that the admissions of Spencer S. Benedict, made at the time he acquired the title to the land in question, as to the manner in which he procured it and the…
2Cited by5 opinions
- Lawe v. HydeWisconsin Supreme Court · 1876
- Nash v. HoxieWisconsin Supreme Court · 1884
- Kenner v. Edwards Realty & Finance Co.Wisconsin Supreme Court · 1931
- National Foundry & Pipe Works, Ltd. v. Oconto City Water Supply Co.Wisconsin Supreme Court · 1899
- Congar v. ChamberlainWisconsin Supreme Court · 1861