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TAXMAN v. McMAHAN

21 Wis.2d 215 (1963)

TAXMAN, Plaintiff and Appellant, v. McMAHAN and wife, Defendants: HARRIGAN, Defendant and Respondent.

Supreme Court of Wisconsin.

October 29, 1963.

Attorney(s) appearing for the Case

For the appellant there was a brief by M. J. Levin, attorney, and James S. Levin of counsel, both of Milwaukee, and oral argument by James S. Levin.

For the respondent there was a brief by Shea & Hoyt, attorneys, and Ralph M. Hoyt of counsel, all of Milwaukee, and oral argument by Ralph M. Hoyt.

CURRIE, J.

The sole issue on this appeal is whether existing easements and a party wall known to the purchaser are title defects within the meaning of a covenant against incumbrances contained in an executory contract for the sale of real estate.

We consider that the instant party wall stands in the same category as the three easements with respect to the issue before us. The rights created by a party-wall agreement are merely a particular form of easement...

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