Gunderson v. Cook
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for St Croix County. The following statement of the case as set forth in the complaint, was prepared by Cole, J., as a part of his opinion : “ The plaintiff is the owner and holder of certain school land certificates described in the complaint, which were assigned to him October 27, 1870. He alleges that all interest which has accrued upon the certificates, and all taxes of every kind assessed against the lands, have been paid, and that about…
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APPEAL from tbe Circuit Court for St Croix County. The following statement of the case as set forth in the complaint, was prepared by Cole, J., as a part of his opinion : “ The plaintiff is the owner and holder of certain school land certificates described in the complaint, which were assigned to him October 27, 1870. He alleges that all interest which has accrued upon the certificates, and all taxes of every kind assessed against the lands, have been paid, and that about the eighth day of April, 1871, the commissioners of the school and university lands did wrongfully and unlawfully, with…
1Opinion of the CourtCole, J.
The complaint was demurred to on several grounds, only one or two of which will it be necessary to notice. First, it is insisted on the part of the defendant, that the complaint fails to state a cause of action calling for the interference of a court of equity, or one within the jurisdiction of such a court. It is not averred in the complaint that the plaintiff is in possession of the lands mentioned in the certificates, and the presumption is, from the facts stated, that he is not. He has the equitable title under the certificates, the legal title being in the defendant. And he claims that…
2Cases cited6 opinions
- Clouston v. ShearerMassachusetts Supreme Judicial Court · 1868
- Herrington v. WilliamsTexas Supreme Court · 1868
- Barron v. RobbinsMichigan Supreme Court · 1870
- Gough v. DorseyWisconsin Supreme Court · 1870
- Wals v. GrosvenorWisconsin Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Tobey v. SecorWisconsin Supreme Court · 1884
- State ex rel. Anderson v. TimmeWisconsin Supreme Court · 1888
- Burrows v. RutledgeWisconsin Supreme Court · 1890
- Illinois Steel Co. v. KonkelWisconsin Supreme Court · 1911
- Kelley v. KelleyWisconsin Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.