Pillsbury v. Mitchell
Wisconsin Supreme Court
Action of covenant against incumbrances, commenced and tried before a justice of tbe peace, and appealed to the Circuit Court. The declaration counted upon the non-payment of certain taxes, which, as alleged, constituted the breach of the covenant in a deed against incumbrances. The defendant pleaded the general issue, with notice of special matter.
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Action of covenant against incumbrances, commenced and tried before a justice of tbe peace, and appealed to the Circuit Court. The declaration counted upon the non-payment of certain taxes, which, as alleged, constituted the breach of the covenant in a deed against incumbrances. The defendant pleaded the general issue, with notice of special matter. The cause was tried at the circuit at the October term, 1855. It appears from the bill' of exceptions that the plaintiff, to maintain and prove the issue on his part, offered in evidence a deed, dated June 11, 1855, conveying by the defendant to…
1Opinion of the Court
By the Court,
Cole, J.
This action was brought by Mitchell . against Pillsbury, upon a covenant in a deed against incum-brances. The deed was given June 11, 1855, conveying portions of certain lots in the city of Racine. The breach complained of was a tax certificate against the premises for taxes levied by the city council for the year 1854. It appeared upon the trial that Mitchell had conveyed the premises to Hunt and Alverson, and in his deed had excepted the taxes of 1854 from his covenant against incumbrances. Mitchell produced also at the trial, the tax certificate upon the premises for…
2Cases cited1 opinion
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
3Cited by13 opinions
- Curtis Land & Loan Co. v. Interior Land Co.Wisconsin Supreme Court · 1908
- Messer v. OestreichWisconsin Supreme Court · 1881
- Eaton v. LymanWisconsin Supreme Court · 1872
- Corbett v. WrennOregon Supreme Court · 1894
- Killilea v. DouglasWisconsin Supreme Court · 1907
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