Methodist Episcopal Church of Ashland v. Northern Pacific Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. This action is to recover possession of a certain lot in the city of Ashland, and damages for withholding possession thereof from plaintiff.
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APPEAL from the Circuit Court for Ashland County. This action is to recover possession of a certain lot in the city of Ashland, and damages for withholding possession thereof from plaintiff. It is alleged in the complaint that on May 20,1874, the plaintiff was seized in fee and possessed and entitled to possession of the lot; that “ while the plaintiff was so seized the defendant afterwards, on the 25th day of December, 1884, and without right or title, entered into possession of the demanded premises, and ousted and ejected plaintiff therefrom, and now unlawfully withholds the possession…
1Opinion of the CourtLyon, J.
The special causes of demurrer assigned are abandoned. The only question to be determined is, Does the complaint state a cause of action? It is alleged therein that in 1874 the plaintiff was seised in fee and possessed and entitled to the possession of the lot in controversy, but, in the portion which charges defendant with having dis-seised the plaintiff in 1884, the plaintiff’s seisin at the time is alleged, but there is no express allegation that it was then entitled to the possession,— much less that it was so entitled when the action was commenced. The statute provides that the complaint…
2Cases cited1 opinion
- Barclay v. YeomansWisconsin Supreme Court · 1871
3Cited by7 opinions
- Equitable Life Assurance Society of the United States v. CampbellIndiana Court of Appeals · 1925
- State ex rel. Leonard v. RosenthalWisconsin Supreme Court · 1905
- Mash v. BloomWisconsin Supreme Court · 1907
- Peart v. SchwenkerWisconsin Supreme Court · 1929
- Rodman v. DavisSupreme Court of Oklahoma · 1912
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