Meade v. Lawe
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. This is an action, for the recovery of certain Lands in the county of Outagamie. The complaint is in the usual form.
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APPEAL from the Circuit Court for Fond du Lac County. This is an action, for the recovery of certain Lands in the county of Outagamie. The complaint is in the usual form. The answer, besides containing a general denial, is to the effect that in 1852 the defendant Lawe, being the owner in fee of the premises in controversy together with divers other tracts of land adjacent thereto, conveyed the whole of said lands, without consideration, to the plaintiff (who is his brother-in-law), for the sole and only purpose of protecting the property from the creditors of Lawe, who was then heavily in…
1Opinion of the CourtLyoN, J.
I. It was not error to refuse to permit the defendants to amend their answer, and plead the statute of limitations as a defense. It was entirely in the discretion of the circuit court to refuse or allow the amendment. This court so held in Fogarty v. Horrigan, 28 Wis., 142; and in Eldred v. The Oconto Company, 30 id., 206.
The proposed amendment is to the effect, 1st. That the defendants will insist on the statute of limitations as a bar to the action; and 2d. That the title of the plaintiff to the premises in controversy has been divested by certain tax deeds thereof made and recorded more…
2Cases cited1 opinion
- Fogarty v. HorriganWisconsin Supreme Court · 1871
3Cited by1 opinion
- Smith v. DragertWisconsin Supreme Court · 1884