Bader v. Zeise
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. Ejectment, for a strip of land in lot 4, section 5 of a certain town in said county. Both parties claimed under one Paul Fox by grants of adjacent portions of said lot 4, and the question was one of the true boundary between them. The answer, after a general denial, claimed adverse possession in the defendant for more than twenty years. On the 1st of J une, 1849, Paul Fox owned said lot 4, and lot 3 adjoining it on the west.
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APPEAL from the Circuit Court for Brown County. Ejectment, for a strip of land in lot 4, section 5 of a certain town in said county. Both parties claimed under one Paul Fox by grants of adjacent portions of said lot 4, and the question was one of the true boundary between them. The answer, after a general denial, claimed adverse possession in the defendant for more than twenty years. On the 1st of J une, 1849, Paul Fox owned said lot 4, and lot 3 adjoining it on the west. According to the government survey, the two lots contained 96.12 acres. In June, 1849, Eox conveyed to one Deitzler 26.12…
1Opinion of the CourtOole, J.
This cause seems to have been fairly submitted to the jury under proper instructions. There was certainly evidence which tended to show that the defendant had claimed and occupied the strip of land in controversy adversely, for more than twenty years prior to the commencement of the suit. If the jury found that such was the character of the defendant’s possession for that period, the action would be barred. As applicable to the evidence bearing upon that question, the jury "were told that, while it was true as a proposition of law, that the defendant, by accepting a deed from Paul Pox, in…
2Cases cited2 opinions
- Brown v. CockerellSupreme Court of Alabama · 1858
- Brown v. M'KinneySupreme Court of Pennsylvania · 1840
3Cited by8 opinions
- Tobey v. SecorWisconsin Supreme Court · 1884
- Peters v. ReichenbachWisconsin Supreme Court · 1902
- Fairfield v. BarretteWisconsin Supreme Court · 1889
- Hacker v. HorlemusWisconsin Supreme Court · 1887
- Heinrichs v. TerrellSupreme Court of Iowa · 1884
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