Illinois Steel Co. v. Budzisz
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. H. JohNSON, Circuit Judge. Action of ejectment. The subject of the controversy was an irregular piece of land about 40 feet wide by 170 feet long, defined, as to boundaries, by actual possession by the defendant. The complaint was in the usual form. The only material issues presented by the answer, originally, were raised by a general denial.
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Appeal from a judgment of the circuit court for Milwaukee county: D. H. JohNSON, Circuit Judge. Action of ejectment. The subject of the controversy was an irregular piece of land about 40 feet wide by 170 feet long, defined, as to boundaries, by actual possession by the defendant. The complaint was in the usual form. The only material issues presented by the answer, originally, were raised by a general denial. The case was brought to trial on the part of defendants by attorneys substituted for the one who interposed the answer, some twenty-one months having elapsed since the action was…
1Opinion
On a motion for a rehearing counsel for the appellant contended, inter alia, that even a bare, naked possession of land is an interest in it, and a degree of title to it, sufficient at least to support an action of ejectment; and when such possession is accompanied by a claim of title or ownership, as Skoczek claims his was, down to the sale to Budzisz, and as it must have been to support the defense of adverse possession, it is not only an interest in the land, but it is title to it, and an estate in fee in it, until some one possessing a better title asserts and establishes it. Bates v.…
2Cases cited43 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Miller v. . Long Island Railroad Co.New York Court of Appeals · 1877
- Wilson v. PalmerTexas Supreme Court · 1857
- Christy v. ScottSupreme Court of the United States · 1853
- Smith ex dem. Teller v. LorillardNew York Supreme Court · 1813
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