Kennan v. Smith
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Price county: John K. Pabish, Circuit Judge. This is an action of ejectment originally brought by the plaintiff against the defendants Smith, Osborne, and the Athens Lumber & Cooperage Company.
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Appeal from a judgment of the circuit court for Price county: John K. Pabish, Circuit Judge. This is an action of ejectment originally brought by the plaintiff against the defendants Smith, Osborne, and the Athens Lumber & Cooperage Company. The complaint was an ordinary complaint of ejectment, alleging the plaintiff’s ownership in fee to certain lands in Price county, Wisconsin, and that the possession of the same was unlawfully ■withheld from him by the defendants to his damage, and praying judgment for the recovery thereof, with damages and costs. The defendants answered, setting up a…
1Opinion of the CourtWinslow, J.
It is conceded on all hands that the plaintiff had a good title to the lands in question, unless the same had been cut off by the tax deed set forth in the answers, and the material questions in the case all cluster around that deed, and the application thereto of the limitations prescribed by sec. 1188, Stats. 1898.
A preliminary question is raised, which, as we view the *466case, cuts little figure; but, as it is directly and fairly raised, it is entirely proper to consider and decide it. . The action was originally commenced against Smith and Osborne and the Athens Lumber & Cooperage Company…
2Cases cited4 opinions
- Knox v. ClevelandWisconsin Supreme Court · 1860
- Smith v. SherryWisconsin Supreme Court · 1882
- Whereatt v. WorthWisconsin Supreme Court · 1900
- Dupen v. WetherbyWisconsin Supreme Court · 1891
3Cited by5 opinions
- Strange v. Oconto Land Co.Wisconsin Supreme Court · 1908
- Cole v. Van OstrandWisconsin Supreme Court · 1907
- Herbst v. Land & Loan Co.Wisconsin Supreme Court · 1908
- Fort Howard Paper Co. v. Paper Converting Machine Co.Wisconsin Supreme Court · 1937
- Ottumwa Boiler Works v. M. J. O'Meara & SonSupreme Court of Iowa · 1929