Miller v. Larson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Ejectment, commenced 16th April, 1863, for the east half of the west half of the south-west quarter of a certain section in said county. The answer set up as a defense the following facts : On the 1st of March, 1858, plaintiff was in possession, with right of pre-emption, of the whole of the west half of the south-west quarter of said section, containing eighty acres.
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APPEAL from the Circuit Court for Winnebago County. Ejectment, commenced 16th April, 1863, for the east half of the west half of the south-west quarter of a certain section in said county. The answer set up as a defense the following facts : On the 1st of March, 1858, plaintiff was in possession, with right of pre-emption, of the whole of the west half of the south-west quarter of said section, containing eighty acres. Before that time one Kellogg had, in fraud of plaintiff’s rights, procured from the state a patent of the south-west quarter of said south-west quarter section, and claimed to…
1Opinion of the Court
By the Court,
DixoN, C. J.
There can be no doubt as to the champertous nature of the agreement. The difficulty is to determine how it affects the plaintiff’s action. It is set up as a defense, not as a counter-claim. If it had been stated as a counter-claim and affirmative relief demanded, or if the defendant had brought suit for a specific performance or to get back the money which he has expended under the contract, in neither case could he have recovered. The reason why the defendant could not have recovered is obvious. The law will not aid in enforcing an unlawful contract, nor give damages…
2Cited by9 opinions
- Clarke v. Lincoln Lumber Co.Wisconsin Supreme Court · 1884
- Kiewert v. RindskopfWisconsin Supreme Court · 1879
- Schultz v. CulbertsonWisconsin Supreme Court · 1879
- Sauerhering v. RuepingWisconsin Supreme Court · 1909
- Courtright v. BurnesU.S. Circuit Court for the District of Western Missouri · 1881
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