McCormick v. Herndon
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. Ejectment. The facts are stated in the opinion. The defendant appeals from a judgment in favor of the plaintiff. He contended, inter alia, that in an action of ejectment a mistake in the deed or other facts outside the record which avoid its effect may be shown only when an equitable counterclaim has been interposed.
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APPEAL from the Circuit Court for Grant County. Ejectment. The facts are stated in the opinion. The defendant appeals from a judgment in favor of the plaintiff. He contended, inter alia, that in an action of ejectment a mistake in the deed or other facts outside the record which avoid its effect may be shown only when an equitable counterclaim has been interposed. Green Bay & M. Canal Go. v. Hewitt, 62 Wis. '317. The plaintiff must recover upon the strength of his own title and not on the weakness of the defendant’s, and when reference must be had to facts outside the record in order to avoid…
1Opinion of the CourtOetoN, J.
This is the third time this case has been before-this court. On the first trial the defendant recovered, and' the judgment was affirmed, and the plaintiff took a new trial under the statute. On the second trial the plaintiff recovered, and the judgment was reversed and a pew trial ordered. On the last trial the plaintiff recovered, and the-defendant has appealed.
The facts are substantially. the same as on the second trial. The action is in ejectment, and the only land now in question is the E. £ of the W. ^ of the N. W. -J of section 30, township 3 north, range 4 west. The land was entered by…
2Cases cited7 opinions
- Brinkman v. JonesWisconsin Supreme Court · 1878
- Higginson v. MeinSupreme Court of the United States · 1808
- Dobbs v. KelloggWisconsin Supreme Court · 1881
- Beach v. CatlinSupreme Court of Connecticut · 1810
- Furlong v. GarrettWisconsin Supreme Court · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gross v. HeckertWisconsin Supreme Court · 1904
- Smith v. PflugerWisconsin Supreme Court · 1905
- Collins v. ColleranSupreme Court of Minnesota · 1902
- Omodt v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1908
- Horbach v. BoydNebraska Supreme Court · 1902
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