Claflin v. Robinhorst
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Manitowoc County. Action to recover certain laud in Manitowoc county, of which the defendant is in possession.
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APPEAL from tlie Circuit Court for Manitowoc County. Action to recover certain laud in Manitowoc county, of which the defendant is in possession. Both parties claim title to the land under one William Bach, Plaintiff derives his title as follows: Berliner & Bruno recovered a judgment against Bach, which was duly docketed in the circuit court for Manitowoc county, November 29, 1858. Execution on such judgment, dated Eehruary 25th, was delivered to the sheriff of that county Eehruary 29, 1863, and returned to the proper clerk May 23, 1863; hut it'does not appear that the sheriff made any return…
1Opinion of the CourtLyon, J.
The defendant claims title to the land in controversy under the judgment debtor, and in his answer admits that the latter was the owner of the land until a short time before the Berliner & Bruno judgment was docketed. The judgment debtor being the common source of title, no proof of his title was necessary. Sexton v. Rhames, 13 Wis., 99. Hence it is quite immaterial whether the conveyances read in *486evidence for that purpose did or did not prove such title in him. They may be stricken from the case without injury to the plaintiff or benefit to the defendant.
ITad the plaintiff introduced in…
2Cases cited5 opinions
- Jackson ex dem. Cook v. ShepardNew York Supreme Court · 1827
- Teetshorn v. HullWisconsin Supreme Court · 1872
- Sexton v. RhamesWisconsin Supreme Court · 1860
- Woodman v. ClappWisconsin Supreme Court · 1867
- Anderson v. JamesThe Superior Court of New York City · 1866
3Cited by1 opinion
- Preston v. ThayerWisconsin Supreme Court · 1906