Schwalbach v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. Ejectment. The cause was before this court on a former appeal, when a judgment in favor of the plaintiff was reversed. 69 Wis. 292. Upon the second trial the court directed a verdict in favor of the defendant; and from the judgment entered thereon the plaintiff appeals. The facts will sufficiently appear from the report of the former appeal and from the opinion herein.
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APPEAL from the Circuit Court for Washington County. Ejectment. The cause was before this court on a former appeal, when a judgment in favor of the plaintiff was reversed. 69 Wis. 292. Upon the second trial the court directed a verdict in favor of the defendant; and from the judgment entered thereon the plaintiff appeals. The facts will sufficiently appear from the report of the former appeal and from the opinion herein. They contended, inter alia, that Exhibit 2 (referred to in the opinion) should have been admitted in evidence, and that it showed the possession of Witlin to have been…
1Opinion of the CourtCole, C. J.
After the evidence on both sides had been received in this case, on motion therefor the trial court directed a verdict in favor of the defendant. The question is, Was this error? It is claimed, on the part of the appellant, that the case should have been submitted to the jury on the question of adverse possession. If-there was any evidence which tended to prove that the plaintiff or those *139from whom he derived title had been in the possession of the disputed strip, holding the same adversely to the defendant, for the requisite period, then the direction of the court was erroneous. The inquiry…
2Cases cited1 opinion
- Schwallback v. Chicago, Milwaueee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
3Cited by9 opinions
- Finley v. Territory of Oklahoma Ex Rel. KeysSupreme Court of Oklahoma · 1903
- Fort Wayne Smelting & Refining Works v. City of Fort WayneIndiana Supreme Court · 1938
- Jones v. CairdWisconsin Supreme Court · 1913
- Cohn v. PlassSupreme Court of New Jersey · 1915
- Tolley v. ThomasIndiana Court of Appeals · 1910
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