Baker Land & Title Co. v. Bayfield County Land Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Bayfield county: Gr. N. Risjoed, Circuit Judge. Plaintiff began an action in ejectment to recover the possession of certain land in Bayfield county. The defendant answered setting up a counterclaim claiming title by virtue of five certain tax deeds and asked to liave its title quieted as against the plaintiff. A jury was waived.
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Appeal from an order of the circuit court for Bayfield county: Gr. N. Risjoed, Circuit Judge. Plaintiff began an action in ejectment to recover the possession of certain land in Bayfield county. The defendant answered setting up a counterclaim claiming title by virtue of five certain tax deeds and asked to liave its title quieted as against the plaintiff. A jury was waived. Upon the opening of the trial it was stipulated that the plaintiff was the owner in fee of the lands, subject to the right of the defendant under its tax deeds. Upon the making.of this stipulation the plaintiff rested. The…
1Opinion of the CourtRoseNberry, J.
The sole question raised on this appeal is, Is the plaintiff entitled to a new trial in accordance with the provisions of sec. 3092, Stats., which provides that the court in which any judgment in ejectment shall have been rendered, otherwise than upon failure to answer, shall, upon application of the party against whom the same was rendered, grant a new trial, upon conditions therein stated ?
Plaintiff’s contention is,that it is entitled to a new trial because, the action being originally one in ejectment, there having been no amendment to the pleadings, the nature of the action has not been…
2Cases cited3 opinions
- Lewis v. WilsonSupreme Court of the United States · 1894
- Savage v. BlanchardMassachusetts Supreme Judicial Court · 1889
- Guaranteed Investment Co. v. Van MetreWisconsin Supreme Court · 1914
3Cited by3 opinions
- Schmidt v. SchmidtWisconsin Supreme Court · 1968
- Czap v. CzapWisconsin Supreme Court · 1955
- M. Bryce & Associates, Inc. v. GladstoneCourt of Appeals of Wisconsin · 1979