Two Rivers Manufacturing Co. v. Day
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Oneida county: Ohas. Y. BaedeeN, Oircuit Judge. This is an action of ejectment for eighty acres of pine land, with damages for pine timber cut and removed therefrom by the defendants. The action was tried by the court, trial by jury being waived. There was little dispute as to the facts. The plaintiff owns considerable pine land in Forest county, Wisconsin, and was the original owner of the land in suit.
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Appeal from a judgment of tbe circuit court for Oneida county: Ohas. Y. BaedeeN, Oircuit Judge. This is an action of ejectment for eighty acres of pine land, with damages for pine timber cut and removed therefrom by the defendants. The action was tried by the court, trial by jury being waived. There was little dispute as to the facts. The plaintiff owns considerable pine land in Forest county, Wisconsin, and was the original owner of the land in suit. For some reason the plaintiff failed to pay the taxes for 1884 upon this parcel of land, but did pay the taxes for the succeeding years, until…
1Opinion of the CourtWiNsnow, J.
The only question in the case is whether the facts estop the plaintiff from asserting its title to the land in question. When, in April, 1894, the defendants applied to plaintiff to fix a price upon the Cavour pine lands, including the eighty acres in controversy, the plaintiff, after giving a price upon its other lands in that vicinity, stated positively that it did not own the lands in suit. It is clear that the plaintiff then knew that the defendants were logging all the pine lands they could profitably purchase in that vicinity, and were constantly in the market to purchase such lands,…
2Cases cited6 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Hendricks v. KellySupreme Court of Alabama · 1879
- Kingman v. GrahamWisconsin Supreme Court · 1881
- Gove v. WhiteWisconsin Supreme Court · 1866
- Coleman v. PearceSupreme Court of Minnesota · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Knauf & Tesch Co. v. Elkhart Lake Sand & Gravel Co.Wisconsin Supreme Court · 1913
- Marling v. FitzGeraldWisconsin Supreme Court · 1909
- Marling v. NommensenWisconsin Supreme Court · 1906
- Loizeaux v. FremderWisconsin Supreme Court · 1904
- McCord v. HillWisconsin Supreme Court · 1903
12 more not listed; retrieve them via the Exa API.