Bourne v. Wiele
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sauk county: James O’Neill, Judge. Action of partition. Plaintiffs claim to own an undivided one-tenth interest in thirty acres of farm land as the heirs at law of one Agnes Yost, who was one of the ten surviving children of Richard Wiele. The trial court found that the-defendants had obtained title to the land by adverse possession.
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Appeal from a judgment of the circuit court for Sauk county: James O’Neill, Judge. Action of partition. Plaintiffs claim to own an undivided one-tenth interest in thirty acres of farm land as the heirs at law of one Agnes Yost, who was one of the ten surviving children of Richard Wiele. The trial court found that the-defendants had obtained title to the land by adverse possession. The facts appearing either by stipulation or by practically undisputed evidence were as follows: Richard Wiele was the common source of title, and owned the land up to the time of his death intestate in 1883. Tie…
1Opinion of the CourtWinslow, C. J.
The question is whether the facts justify-a finding of adverse possession.
Sec. 4211, Stats., provides in substance that ten years’ occupancy of premises under claim of title, exclusive of any other right, such claim being founded upon some written instrument as being a conveyance thereof, or upon the judgment of some competent coart, shall be deemed an adverse holding.
Sec. 2276a, S. & B. Ann. Stats. 1889, as amended by ch. 28, Laws of 1893 (now sec. 2276a, Stats. 1913), provides that on application of the heirs of a deceased person the county judge may issue a certificate setting forth the…
2Cases cited2 opinions
- Sydnor v. PalmerWisconsin Supreme Court · 1871
- Home Investment Co.v. EmersonWisconsin Supreme Court · 1913
3Cited by4 opinions
- Johns v. ScobieCalifornia Supreme Court · 1939
- Graniteville Co. v. WilliamsSupreme Court of South Carolina · 1946
- Marshall & Ilsley Bank v. BakerWisconsin Supreme Court · 1940
- Hahn v. KeithWisconsin Supreme Court · 1920