Evans v. Enloe
| Citation | 64 Wis. 671,26 N.W. 170 |
| Parties | EVANS, ASSIGNEE, ETC., v. ENLOE AND OTHERS. |
| Decision Date | 23 December 1885 |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from circuit court, Grant county.
This is an action of ejectment commenced August 25, 1884. The complaint is in the statutory form. The answer admits that the plaintiff is such assignee, but otherwise is a general denial, and nothing more. On the trial, at the close of the testimony, the court directed a verdict for the plaintiff, to the effect that at the commencement of the action he was the owner in fee-simple absolute of the lands described in the complaint, and was entitled to the possession thereof; and that the defendants unlawfully withheld the same from him, and assessed the plaintiff's damages for such unlawful detention at six cents. From the judgment entered thereon the defendants bring this appeal.Carter & Cleary, for respondent.
W. H. Beebe and Bushnell & Watkins, for appellants.
At the commencement of the trial it was admitted by the defendants that, October 22, 1864, the title to the lands in question was perfect in one Enoch Enloe. Evidence was given on the part of the plaintiff showing that January 11, 1872, Enoch Enloe and wife executed and delivered to Isaac Hodges a warranty deed of the lands in question, which deed was recorded January 12, 1872; that other deeds were given in evidence showing that Hodges had the complete and perfect legal title to the lands, January 11, 1872. The defendants also admitted on the trial that they were in possession of the lands, and that all the title to the lands which ever vested in Isaac Hodges passed to the plaintiff by his assignment to him, February 11, 1884. In addition, the plaintiff put in other evidence, tending to show that although Hodges did not fully pay for the land at the time he took the title, yet that he had thereafter paid for the same in money and the use of the land. Among other things, a bond was received in evidence, without objection, given by Hodges to Enoch Enloe at the time he received the deed from him, in the penal sum of $7,000, and reciting the purchase of the farm by Hodges from Enoch Enloe for $7,000, which the latter had caused to be conveyed to him; that said Enloe need “not surrender possession of said lands to said Hodges until one year from ” the date of the bond; that there were liens and incumbrances on said lands in the shape of attachments, judgments, and mortgages to about the sum of $3,000; that Enloe was also owing Hodges a large amount of money; that there were claims against Enloe which Hodges might be compelled by law to pay,--and then provided, in effect, that if Hodges should well and truly pay, on or before one year from its date, all such liens and incumbrances as were then liens upon said lands, and should pay to Enoch Enloe, within the year, all of the remainder of said $7,000, without interest, that might remain after paying his own claim, and all such claims as were then liens and incumbrances upon the lands, and all such claims as he might be directed by said Enloe verbally or in writing to pay, and also all such claims not then secured, if any, as he might be required and compelled by law to pay, and all interest thereon, not exceeding in the whole, principal, interest, and costs, $7,000, then the obligation to be void; otherwise of force. There was evidence tending to show that the bond was surrendered up to Hodges by Enloe in 1874, and that Hodges paid taxes on the...
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