Edgerton v. Bird
Wisconsin Supreme Court
ERROR TO THE DANE CIRCUIT COURT. This was ejectment by the plaintiff in error against the defendant in error, to recover the possession of lot 7, in block 109, in the city of Madison, and was tried by a jury at the November term, 1857. To prove the issue on his part, the plaintiff introduced : Firstly. A patent from the United States, for certain lands, of which said premises are a part, to James D. Doty and Stevens T. Mason, dated August 10,1837. Secondly.
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ERROR TO THE DANE CIRCUIT COURT. This was ejectment by the plaintiff in error against the defendant in error, to recover the possession of lot 7, in block 109, in the city of Madison, and was tried by a jury at the November term, 1857. To prove the issue on his part, the plaintiff introduced : Firstly. A patent from the United States, for certain lands, of which said premises are a part, to James D. Doty and Stevens T. Mason, dated August 10,1837. Secondly. A deed from said Mason to said Doty, of his interest in said premises, dated May 24, 1844. Thirdly. A deed from said Doty and wife and…
1Opinion of the Court
By the Oowrt,
Cole, J.
The only question we have to consider in this case, is whether the defendant had such possession of the premises sought to be recovered, as to bar the plaintiff’s right of action. It appears that the plaintiff, upon the trial, introduced and offered in evidence a patent from the "United States for certain lands, of which the premises in controversy were a part, to James D. Doty and Stevens T. Mason, dated August 10th, 1837, and traced his chain of title from this patent, through a number of mesne conveyances, to the decedent of the plaintiff. Some of these conveyances…
2Cases cited5 opinions
- Pillow v. RobertsSupreme Court of the United States · 1852
- Gregg Ex Rel. Craig v. Lessee of SayreSupreme Court of the United States · 1834
- Greer v. PowellCourt of Appeals of Kentucky · 1860
- Small v. ProcterMassachusetts Supreme Judicial Court · 1819
- Whitney v. PowellWisconsin Supreme Court · 1849
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- Smith v. SherryWisconsin Supreme Court · 1882
- Oconto Co. v. JerrardWisconsin Supreme Court · 1879
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