Gray v. Tyler
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. Action to quiet title to a lot of land in the city of Boscobel. It is alleged in the complaint that the plaintiff has the legal title to such lot, under certain conveyances from one Robert Gray, and is in possession thereof, and that the defendant unjustly claims title thereto.
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APPEAL from the Circuit Court for Grant County. Action to quiet title to a lot of land in the city of Boscobel. It is alleged in the complaint that the plaintiff has the legal title to such lot, under certain conveyances from one Robert Gray, and is in possession thereof, and that the defendant unjustly claims title thereto. The defendant, in her answer, denies both the title and possession of the plaintiff, and claims that she is the owner of the lot by virtue of a conveyance thereof executed to her by the said Robert Gray, and duly recorded. After trial, the circuit judge found,…
1Opinion of the CourtLyon, J.
If the plaintiff has an adequate remedy at law, he must necessarily fail in this equitable action. This rule is too well settled to be disturbed or questioned. ¥e think he has such a remedy. The circuit judge failed to find who is in possession of the lot in controversy, but an examination of the testimony in the bill of exceptions has satisfied us that a store upon the lot (and whether it covers the whole lot the record does not inform us) is in the actual possession of one Thompson, who holds the same under a lease from Robert Gray (the common source of title), and that Thompson has never…
2Cases cited1 opinion
- Pier v. City of Fond du LacWisconsin Supreme Court · 1875
3Cited by6 opinions
- Remington v. FosterWisconsin Supreme Court · 1877
- Whitham v. LehmerSupreme Court of Oklahoma · 1908
- Town of Fulton v. PomeroyWisconsin Supreme Court · 1901
- Smith v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1892
- Kelley v. KelleyWisconsin Supreme Court · 1891
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