Leinenkugel v. Kehl
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oliippewa County. Action to have the plaintiff’s claim to certain lands established, and to have the defendants enjoined and debarred from asserting their adverse claims thereto. The complaint alleges that the plaintiff is the owner and in possession of said lands. The convejmnces constituting the plaintiff’s chain of title are then set forth.
Read the full summary
APPEAL from the Circuit Court for Oliippewa County. Action to have the plaintiff’s claim to certain lands established, and to have the defendants enjoined and debarred from asserting their adverse claims thereto. The complaint alleges that the plaintiff is the owner and in possession of said lands. The convejmnces constituting the plaintiff’s chain of title are then set forth. One of such conveyances is*'a quitclaim deed to the defendant Mary Allen, executed August 8, 1866, but not witnessed or acknowledged or recorded. The complaint shows that after the execution and delivery of such deed to…
1Opinion of the Court
Cole, O. J.
We agree with the plaintiff’s counsel that it is immaterial on this appeal to inquire whether the action was brought under sec. 3186, B. S., or under the general powers of a court of equity to quiet title to real estate. In either aspect the plaintiff would be entitled to the relief asked if the evidence sustained the allegations of the complaint. The plaintiff alleges that at the commencement of the action he was the owner in fee simple and was in possession of the real estate described; and this allegation *241with proof of the necessary facts would make out a case under the statute.…
2Cases cited6 opinions
- McMahon v. McGrawWisconsin Supreme Court · 1870
- McPherson v. FeatherstoneWisconsin Supreme Court · 1875
- Gilbert v. JessWisconsin Supreme Court · 1872
- Hewitt v. WeekWisconsin Supreme Court · 1884
- Myrick v. McMillanWisconsin Supreme Court · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- McArthur v. MoffetWisconsin Supreme Court · 1910
- Whalon v. North Platte Canal & Colonization Co.Wyoming Supreme Court · 1903
- Harrass v. EdwardsWisconsin Supreme Court · 1896
- Eadie v. ChambersCourt of Appeals for the Ninth Circuit · 1909
- Walter A. Wood Mowing & Reaping Machine Co. v. LeeSouth Dakota Supreme Court · 1894
11 more not listed; retrieve them via the Exa API.