Huebschmann v. McHenry
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Action of replevin, to recover a one-story frame building, 14 by 20 feet in size, alleged to Lave been unjustly taken and detained by the defendant. The defendant denied the allegations of the complaint, and claimed title and right of possession in himself, and that the building was real property.
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APPEAL from the County Court of Milwaukee County. Action of replevin, to recover a one-story frame building, 14 by 20 feet in size, alleged to Lave been unjustly taken and detained by the defendant. The defendant denied the allegations of the complaint, and claimed title and right of possession in himself, and that the building was real property. The action was commenced and first tried in a justice’s court, and a judgment there rendered for the delivery of the property to the plaintiff and for damages, from which the defendant appealed to the county court. On the trial in that court, the…
1Opinion of the CourtDixoN, C. J.
Counsel for tbe defendant argue very ingeniously and very ably for them several propositions, but we do not think any of them can be sustained. It appears that tbe house in question was erected by tbe defendant as tbe tenant of the lot, under a lease from a third person, who bad no title but claimed to own by virtue of a tax deed. Tbe actual title and exclusive right of possession were at that time in tbe plaintiff. It appears also, that, under tbe lease and by tbe usage prevailing in Milwaukee, tbe tenant or lessee in such case has tbe *659right, as between bimself and the landlord or a…
2Cases cited2 opinions
- Ogden v. StockIllinois Supreme Court · 1864
- Reese v. JaredIndiana Supreme Court · 1860
3Cited by23 opinions
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Titus v. Poland Coal Co.Supreme Court of Pennsylvania · 1923
- Taylor v. CollinsWisconsin Supreme Court · 1881
- Kimball v. AdamsWisconsin Supreme Court · 1881
- Northrup v. TraskWisconsin Supreme Court · 1876
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