Reports of Cases Argued and Determined in the Supreme Court of the State of Wisconsin, Volume 62 |
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Page 10
... therein , on the 1st day of February , 1882 , C. F. Kalk and wife executed a deed of the lands in question to Charles H. Marshall , which was re- corded about that date . May 8 , 1883 , Marshall and wife executed a deed of the same ...
... therein , on the 1st day of February , 1882 , C. F. Kalk and wife executed a deed of the lands in question to Charles H. Marshall , which was re- corded about that date . May 8 , 1883 , Marshall and wife executed a deed of the same ...
Page 11
... therein of the mortgaged premises . When this action was commenced does not appear , but it sufficiently appears that such action was pending and the receiver had been appointed before C. F. Kalk and wife conveyed the land to Charles H ...
... therein of the mortgaged premises . When this action was commenced does not appear , but it sufficiently appears that such action was pending and the receiver had been appointed before C. F. Kalk and wife conveyed the land to Charles H ...
Page 13
... therein , through the several persons above named , to the defendant Mary W. Marshall , would give her a good title to the same , un- less the relation existing between Kalk , the grantee of Pier , and the plaintiff in this action was ...
... therein , through the several persons above named , to the defendant Mary W. Marshall , would give her a good title to the same , un- less the relation existing between Kalk , the grantee of Pier , and the plaintiff in this action was ...
Page 15
... therein , and admitting that he was not properly made a party to the action , still he obtained his conveyance from Mr. Kalk and wife , who were parties to the action , pendente lite and long after a lis pendens was duly filed therein ...
... therein , and admitting that he was not properly made a party to the action , still he obtained his conveyance from Mr. Kalk and wife , who were parties to the action , pendente lite and long after a lis pendens was duly filed therein ...
Page 16
... , admits that the defendants therein , Kalk and Marshall , had a title or claim upon the mortgaged premises which was superior to Newton vs. Marshall and husband . her claim as mortgagee 16 SUPREME COURT OF WISCONSIN ,
... , admits that the defendants therein , Kalk and Marshall , had a title or claim upon the mortgaged premises which was superior to Newton vs. Marshall and husband . her claim as mortgagee 16 SUPREME COURT OF WISCONSIN ,
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Adm'r administrator ADVERSE POSSESSION alleged amended amount answer appeal assignment attorney bank brief CASSODAY cause of action charge circuit court cited claim Clintonville complaint contract conveyance conveyed county court court of equity creditors criminal damages debts deceased deed defendant demurrer dower entitled equity error evidence executed facts fendant filed foreclosure fraudulent grant heirs held highway husband Ibid injury intent interest intestate judge judgment jury justice land learned counsel liability lumber machine Marinette County Martin ment Milwaukee Milwaukee & St mistake mortgage negligence opinion oral argument Owens owner paid parties payment person plaint plaintiff plaintiff in error pleadings possession premises purchase question record recover replevin respondent rule Saukville sheriff's deed statute street sufficient testified testimony therein thereof tion town trial verdict village Waukesha County wife witness
Popular passages
Page 266 - The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either: 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2.
Page 647 - But, on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he at the most could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract.
Page 560 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 438 - The causes of action so united must all belong to one only of these classes, and must affect all the parties to the action, and not require different places of trial, and must be separately stated...
Page 655 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Page 647 - ... such as may fairly and reasonably be considered either arising naturally, i. <?., according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at "the time they made the contract, as the probable result of the breach of it.
Page 421 - Upon these findings of facts the court rendered a judgment as follows: "It is therefore ordered, considered, and adjudged by the court that the plaintiff have and recover of and from the defendant the sum of...
Page 381 - ... was made in good faith and without any intent to hinder, delay, or defraud such creditors or purchasers.
Page 647 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 266 - ... that the action was not commenced within the time limited by law.