Platto v. Jante
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The complaint avers that the plaintiff “hath an estate, and is the owner in fee simple, of, in and to, the following described real estate [describing it], and is entitled to the possession thereof, and that the defendants * * * unlawfully claim to be the owners in fee simple, thereof, and title thereto, to the damage of the plaintiff. • Wherefore the plaintiff prays for the judgment of this court against the defendants…
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APPEAL from the Circuit Court for Milwaukee County. The complaint avers that the plaintiff “hath an estate, and is the owner in fee simple, of, in and to, the following described real estate [describing it], and is entitled to the possession thereof, and that the defendants * * * unlawfully claim to be the owners in fee simple, thereof, and title thereto, to the damage of the plaintiff. • Wherefore the plaintiff prays for the judgment of this court against the defendants that they do forthwith surrender said unlawful claim of ownership and title, and pay the costs of this action.” Defendants…
1Opinion of the CourtRyan, C. J.
The second clause of sec. 3 of ch. 141. R. S., authorizes the action of ejectment, in certain cases, against persons not in actual possession. Sec. 4 requires the complaint in the action to aver that the defendant unlawfully withholds the possession of the premises.
In this case, the appellant claims to have framed his complaint under sec. 3, and contends that it is well framed because it follows the words of that section. The respondents reply that sec. 3 merely gives the right of action, but that the rule of pleading the right is given by sec. 4, which the complaint confessedly does not…
2Cases cited1 opinion
- Barclay v. YeomansWisconsin Supreme Court · 1871
3Cited by6 opinions
- Wilson v. HenryWisconsin Supreme Court · 1876
- Stephenson v. WilsonWisconsin Supreme Court · 1880
- Mash v. BloomWisconsin Supreme Court · 1907
- Haight v. CliffordWisconsin Supreme Court · 1877
- Bulger v. CoyneAppellate Division of the Supreme Court of the State of New York · 1897
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