Stewart v. McSweeney
Wisconsin Supreme Court
APPE AL from the Circuit Court for Ozaukee County. This was an action to recover possession of certain land in Ozaukee county, and was tried by the court without a jury.
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APPE AL from the Circuit Court for Ozaukee County. This was an action to recover possession of certain land in Ozaukee county, and was tried by the court without a jury. The plaintiff, William M. Stewart, offered in evidence a deed for the land from Peter B. Grignon to W. E. Stewart, dated February 27,1856; and a deed from W. E. Stewart to the plaintiff' executed in March, 1856. He also offered in evidence a tax deed-of the land, executed to him November 2, i 1858, which recited that the land had been sold for delinquent taxes of the year 1855. The defendant objected to its reception, on the…
1Opinion of the Court
By the Court,
Oole, J.
It is clear from the evidence in this case that the respondent, on the trial in the court below, attempted to establish his right to recover the premises in dispute, upon two grounds: 1st, upon the strength of his title derived from Peter B. Grignon, under the conveyance executed by Grignon to his grantor, Wilson E. Stewart, dated *471February 27th, 1856; and 2d, under and by virtue of the tax deed executed to hiin, and recorded November 3d, If his right to recover rested alone upon the title derived from the conveyance first named, we should feel constrained to reverse the…
2Cited by5 opinions
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- McGinley v. LaycockWisconsin Supreme Court · 1896
- Bronson v. St. Croix Lumber Co.Supreme Court of Minnesota · 1890
- Lamoreux v. HuntleyWisconsin Supreme Court · 1887
- Whitney v. MarshallWisconsin Supreme Court · 1863