Chloupek v. Perotka
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Mani-towoc county: N. S. G-ilsoN, Circuit Judge. This was an action of trespass for breaking and entering tbe plaintiff’s close, namely, a strip of land one rod in width on tbe east side of tbe S. E. J of tbe N. W. ¿ of section 15, township 20, range 23, commencing at tbe northeast corner of said tract, and extending south about seventy-two rods.
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Appeal from a judgment of tbe circuit court for Mani-towoc county: N. S. G-ilsoN, Circuit Judge. This was an action of trespass for breaking and entering tbe plaintiff’s close, namely, a strip of land one rod in width on tbe east side of tbe S. E. J of tbe N. W. ¿ of section 15, township 20, range 23, commencing at tbe northeast corner of said tract, and extending south about seventy-two rods. Tbe action originated in justice’s court, from which it was removed to tbe circuit court by tbe defendant under a plea of title to tbe loans wi quo. He alleged also title by adverse possession under…
1Opinion of the CourtPihNey, J.
1. The plaintiff’s claim of title is under and in privity with that of his grantor and ancestor, Anton Chloupek; and if the execution and acceptance of a substitute deed, December 4,1861, operated to estop Anton Chlou-pek and those claiming under him from asserting title under the deed of November 10, 1855, from Krajnik and wife, to more of the premises therein described than is included in the substitute deed, then it is clear that the plaintiff failed to show title to the locus in quo, and judgment was rightly given, as will be seen, for the defendant. Undoubtedly, the first deed from…
2Cases cited9 opinions
- Orthwein v. ThomasIllinois Supreme Court · 1889
- Emeric v. AlvaradoCalifornia Supreme Court · 1884
- Hubbard v. MarshallWisconsin Supreme Court · 1880
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Bowman v. GriffithNebraska Supreme Court · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Doty v. BarnardTexas Supreme Court · 1898
- Mills v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Crane v. EsmondWisconsin Supreme Court · 1934
- Crane v. EsmondWisconsin Supreme Court · 1934
- Newton v. NewtonAppellate Division of the Supreme Court of the State of New York · 1900
1 more not listed; retrieve them via the Exa API.