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Miller v. Green

Wisconsin Supreme Court
264 Wis. 159, 58 N.W.2d 704 (1953)


Eugene Miller (plaintiff) leased a 63-acre parcel of land from Green (defendant) for the 1950 crop season. The parcel consisted of 40 acres of cultivated land, buildings that were dilapidated and unlivable, and pasture and woods. On November 4, 1950, Miller entered into a contract to purchase the parcel. Miller did not record his purchase of the land. Although the crop had been harvested for the season, Miller continued to work the land in November, including having between 59 and 60 loads of manure delivered and plowing approximately two acres of the land. On November 29, 1950, W.E. Hines (defendant) also purchased the property from Green. Hines owned another farm approximately one-half mile from the parcel. Miller sued Hines and Green, asserting that he had title to the parcel. The trial court determined that Hines owned the title to the land because Miller had not recorded his purchase and Hines was a subsequent purchaser in good faith. Miller appealed.

Rule of Law


Holding and Reasoning (Currie, J.)

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