Dhein v. Beuscher
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. The plaintiff complained of the defendants for breaking and entering premises May 28,1891, of which he claimed to be the owner and in possession, being the S. ~W. \ of the N. W. J of section 16, etc., and tearing down and destroying á certain fence thereon, to his damage $50. There was a second count, alleging trespass to the plaintiff’s crops and fences three days thereafter.
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APPEAL from the Circuit Court for Washington County. The plaintiff complained of the defendants for breaking and entering premises May 28,1891, of which he claimed to be the owner and in possession, being the S. ~W. \ of the N. W. J of section 16, etc., and tearing down and destroying á certain fence thereon, to his damage $50. There was a second count, alleging trespass to the plaintiff’s crops and fences three days thereafter. The defendants answered by. general denial, and also claiming that the part of the real estate and fence mentioned in plaintiff’s complaint upon which the alleged…
1Opinion of the CourtPinney, J.
The question whether the strip of land in disputé had been held adversely by the defendant and those *324through whom she claims in privity with her in respect to it, so that she obtained thereby a title to it, is the vital question in this case, for, if not adversely held, the possession or occupation of it by the defendant must be deemed to have been under or in subordination to the plaintiff’s title. Sydnor v. Palmer, 29 Wis. 252. The proof shows beyond controversy that this strip is a part of the S. W. J of the N. W. J of section 16, which has been described and conveyed as such in all the…
2Cases cited12 opinions
- Harvey v. TylerSupreme Court of the United States · 1865
- Brown v. CockerellSupreme Court of Alabama · 1858
- Sydnor v. PalmerWisconsin Supreme Court · 1871
- Schwallback v. Chicago, Milwaueee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
- Childs v. NelsohWisconsin Supreme Court · 1887
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3Cited by5 opinions
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
- Ayers v. ReidelWisconsin Supreme Court · 1893
- Kurz v. MillerWisconsin Supreme Court · 1895
- Allis v. FieldWisconsin Supreme Court · 1895
- Rice v. KellyNebraska Supreme Court · 1908