Page v. Kennan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marquette County. Action under sec. 29, ch. 141, E. S., to remove a cloud from plaintiff’s title.
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APPEAL from the Circuit Court for Marquette County. Action under sec. 29, ch. 141, E. S., to remove a cloud from plaintiff’s title. The complaint alleged ownership in fee of the lands by the plaintiff on the 1st day of November, 1869 ; and that the defendant Loa Kennan claimed an interest i n or lien upon the lands, which claim or lien was a cloud upon plaintiff’s title, and was evidenced by the following deeds to Loa Kennan, viz: A tax deed dated September 4, 1865, and recorded the same day; a tax deed dated May 24, 1866, and recorded the same day ; a tax deed dated July 20, 1867, and…
1Opinion of the CourtCols, J.
It is manifest that the complaint in this case is bad within the rule laid down in Wals v. Grosvenor, 31 Wis., 682. It was there held that a complaint under section 29, ch. 141, R. S., should state facts showing the nature and invalidity of the defendant’s claim — in other words, must present a prima facie case for relief, — otherwise a court of equity would not interfere. In that case it was said that the complaint “should disclose the nature of the defendant’s claim which has a tendency to throw a cloud over the title, and state such facts and circumstances in respect to such claim as show…
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