Foley v. Southwestern Land Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Chippewa county: R. D. Maeshall, Circuit Judge. This is an action of trespass for breaking and entering the plaintiff’s close, describing it, situated in Eau Claire county, on the 10th day of July, 1890, and on divers other days, etc., and then and there, with scythes, mowers, and reapers, etc., unlawfully cutting' and carrying away grass, hay, and grain of the plaintiff then standing and growing thereon, namely, ñas on two…
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Appeal from a judgment of the circuit court for Chippewa county: R. D. Maeshall, Circuit Judge. This is an action of trespass for breaking and entering the plaintiff’s close, describing it, situated in Eau Claire county, on the 10th day of July, 1890, and on divers other days, etc., and then and there, with scythes, mowers, and reapers, etc., unlawfully cutting' and carrying away grass, hay, and grain of the plaintiff then standing and growing thereon, namely, ñas on two acres of land, potatoes on one and one-half acres, corn growing on twenty-two acres, rye on fourteen acres, oats on…
1Opinion of the CourtPiNney, J.
1. This action was tried and submitted to the jury upon the theory that it was essential to the plaintiff’s right to recover that the conventional relation of landlord and tenant existed between the plaintiff and the Southwestern Land Company, the owner of the premises, and that the plaintiff was, therefore, the owner of the crops, and not that the plaintiff was a cropper of its farm, rendering services *333and performing work and labor for a certain, share of the ■crops raised, as his compensation therefor, and under which arrangement the parties would be tenants in common of the ■crops. There…
2Cases cited6 opinions
- Taylor v. . BradleyNew York Court of Appeals · 1868
- Strain v. GardnerWisconsin Supreme Court · 1884
- Warner v. AbbeyMassachusetts Supreme Judicial Court · 1873
- Darling v. KellyMassachusetts Supreme Judicial Court · 1873
- Fobes v. ShattuckNew York Supreme Court · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Crews v. CortezTexas Supreme Court · 1908
- Rowlands v. VoechtingWisconsin Supreme Court · 1902
- Kelly v. RummerfieldWisconsin Supreme Court · 1903
- Wagner v. ButtlesWisconsin Supreme Court · 1912
- Hauser v. FetzerWisconsin Supreme Court · 1924
2 more not listed; retrieve them via the Exa API.