Knapp v. Alexander-Edgar, Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Bayfield county: John K. Parish, Circuit Judge. This is an action brought to recover damages for a trespass committed on tbe homestead of tbe plaintiff. On February 20, 1902, pursuant to sec. 2289, R. S-. of U. S., plaintiff made application for a homestead entry on tbe land upon which thé trespass was afterwards committed.
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Appeal from a judgment of tbe circuit court for Bayfield county: John K. Parish, Circuit Judge. This is an action brought to recover damages for a trespass committed on tbe homestead of tbe plaintiff. On February 20, 1902, pursuant to sec. 2289, R. S-. of U. S., plaintiff made application for a homestead entry on tbe land upon which thé trespass was afterwards committed. The register of the land office attached a certificate to such application, reciting tbat the application was made for lands subject to entry tinder the homestead act and that there was no prior adverse right to the same. At…
1Opinion of the CourtBarNes, J.
That tbe plaintiff at tbe time of tbe cutting was not in tbe actual possession of tbe land from wbicb tbe timber sued for was cut, is too plain to admit of controversy. Mygatt v. Coe, 141 N. Y. 456, 42 N. E. 17; Rice v. Frayser, 24 Fed. 460; Staton v. Mullis, 92 N. C. 623; Travers v. McElvain, 181 Ill. 382, 387, 55 N. E. 135; Webber v. Clarke, 74 Cal. 11, 15, 15 Pac. 431; Omaha & F. L. & T. Co. v. Parker, 33 Neb. 775, 51 N. W. 139; Gildehaus v. Whiting, 39 Kan. 706, 713, 18 Pac. 916. Tbe action of trespass quare clausum can be maintained only by one in tbe actual or constructive possession of…
2Cases cited46 opinions
- Shepley v. CowanSupreme Court of the United States · 1876
- Stone v. United StatesSupreme Court of the United States · 1897
- Frisbie v. WhitneySupreme Court of the United States · 1870
- Hutchings v. LowSupreme Court of the United States · 1873
- Shiver v. United StatesSupreme Court of the United States · 1895
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3Cited by4 opinions
- Masonite Corp. v. BurnhamMississippi Supreme Court · 1933
- Fain v. United StatesCourt of Appeals for the Eighth Circuit · 1913
- Klitzke v. EbertWisconsin Supreme Court · 1943
- Kneeland-McLurg Lumber Co. v. LillieWisconsin Supreme Court · 1914