Sheppard v. Wilmott
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Walworth County. The action is to recover damages for an alleged trespass upon certain land in section 8, township 4 N., of range 18 E., in Walworth county. It is alleged in the complaint that plaintiff was in peaceable possession of the land when the trespass was committed by defendant. The answer is a general denial, and an allegation that the defendant is, and then was, the owner of the land.
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APPEAL from tbe Circuit Court for Walworth County. The action is to recover damages for an alleged trespass upon certain land in section 8, township 4 N., of range 18 E., in Walworth county. It is alleged in the complaint that plaintiff was in peaceable possession of the land when the trespass was committed by defendant. The answer is a general denial, and an allegation that the defendant is, and then was, the owner of the land. The following diagram will sufficiently show its location: The land in dispute is the triangular piece bounded on the east by the west line of lot 3 in section 9, on…
1Opinion of the CourtLyon, J.
If the defendant was the owner of the land in controversy, he had the undoubted right to make peaceable entry thereon and remove the fence, notwithstanding the plaintiff was in possession thereof. There is nothing in the record tending to show that such entry was made “ with strong hand, nor with a multitude of people,” and we therefore infer that it was made “ in a peaceable manner.” (R. S. sec. 3360.) The defendant derives his title through mesne- conveyances from the original patentee, Hotchkiss. If the latter obtained title under the government patent to him, the record title is in the…
2Cases cited4 opinions
- Childs v. NelsohWisconsin Supreme Court · 1887
- Graeven v. DievesWisconsin Supreme Court · 1887
- Martin v. CarlinWisconsin Supreme Court · 1865
- Shufeldt v. SpauldingWisconsin Supreme Court · 1875
3Cited by9 opinions
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
- Sheldon v. Michigan Central RailroadMichigan Supreme Court · 1910
- Baldwin v. AndersonWisconsin Supreme Court · 1968
- Walker v. WymanSupreme Court of Alabama · 1908
- Brody v. LongWisconsin Supreme Court · 1961
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