Week v. Bosworth
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. The following statement of the case was prepared by Mr. Justice Tayloe, as a part of the opinion: This is an equitable action brought to compel the defendants to convey to the plaintiff the legal title to 160 acres of land which, it is claimed, equitably belongs to him.
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APPEAL from the Circuit Court for Portage County. The following statement of the case was prepared by Mr. Justice Tayloe, as a part of the opinion: This is an equitable action brought to compel the defendants to convey to the plaintiff the legal title to 160 acres of land which, it is claimed, equitably belongs to him. The undisputed evidence shows that the legal title to the lands in controversy, at the time of the commencement of the action, was in the defendants, as the grantees of one George ~W. Eansone. Eansone, it appears, was a soldier in the Mexican war, and, as such, entitled to a…
1Opinion of the CourtTaylor, J.
It is apparent, from the foregoing statement of the evidence and facts of the case, that Hackett & Good-hue never obtained a legal title to the lands in controversy, and their deeds could convey none to their grantees. The legal title, under the statutes of this state, for all practical purposes, was in Ransone and his grantees, even though no patent had been issued upon such location. See sec. 4165, R. S. 1818; sec. 130, ch. 131, R. S. 1858. Whether a patent has ever been issued does not appear from the evidence.
The respondents based their right to have the legal title conveyed to them upon…
2Cases cited4 opinions
- Garfield v. . HatmakerNew York Court of Appeals · 1857
- Kingman v. GrahamWisconsin Supreme Court · 1881
- Knight v. LearyWisconsin Supreme Court · 1882
- Kluender v. FenskeWisconsin Supreme Court · 1881
3Cited by5 opinions
- Gilbert v. StockmanWisconsin Supreme Court · 1892
- Cerney v. PawlotWisconsin Supreme Court · 1886
- Skinner v. JamesWisconsin Supreme Court · 1887
- Watters v. McGuiganWisconsin Supreme Court · 1888
- Miner v. LaneWisconsin Supreme Court · 1894