Roberts v. Decker
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wau-paca county: Ohas. M. Webb, Circuit Judge. This is an action of ejectment to recover an undivided half of a milldam, water power, and flowage rights which the plaintiff claims to own as tenant in common with the defendants. The dam is situated on the Embarrass river, at the village of Embarrass, Waupaca county, and is known as the “Palmer Dam.”
Read the full summary
Appeal from a judgment of the circuit court for Wau-paca county: Ohas. M. Webb, Circuit Judge. This is an action of ejectment to recover an undivided half of a milldam, water power, and flowage rights which the plaintiff claims to own as tenant in common with the defendants. The dam is situated on the Embarrass river, at the village of Embarrass, Waupaca county, and is known as the “Palmer Dam.” The answer denies any title in the plaintiff, and attempts to set up both' the ten-year and the twenty-year statute of limitations as separate defenses, as follows: “(2) And for a second and separate…
1Opinion of the CourtWinslow, J.
The plaintiff’s first contention is that the ten-year statute of limitations is not sufficiently pleaded. The claim is that the plea does not show that the defendants went into possession under an instrument in writing, and further that it is bad because it alleges twenty years’ possession, instead of ten, as required by secs. 4211, 4212, Stats. 1898. The claim that the allegation of twenty years’ possession, instead of ten, in any way vitiates the plea, if otherwise good and not misleading, is so obviously untenable that it is unnecessary to discuss it. If the defendants have had twenty *108years…
2Cases cited9 opinions
- Sydnor v. PalmerWisconsin Supreme Court · 1871
- Gilman v. BrownWisconsin Supreme Court · 1902
- Norcross v. GriffithsWisconsin Supreme Court · 1886
- Prickett v. MuckWisconsin Supreme Court · 1889
- Fox River Flour & Paper Co. v. KelleyWisconsin Supreme Court · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- J. H. Clark Co. v. RiceWisconsin Supreme Court · 1906
- Gerbig v. BellWisconsin Supreme Court · 1910
- Keilly v. SeversonWisconsin Supreme Court · 1912
- Webb v. MasonWisconsin Supreme Court · 1913