Smith v. Pretty
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Smith brought ejectment for a lot in Menasha. The summons and complaint were served October 20,1866, on Pretty, who was then in possession, and judgment was entered (hy default) June 18,1867. Towle made application, June 27th, to be admitted as a defendant to the action, and that the judgment be opened, and he be allowed to file an answer; showing by his affidavit, that on the 17th of September, 1866, he acquired title to…
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APPEAL from the Circuit Court for Winnebago County. Smith brought ejectment for a lot in Menasha. The summons and complaint were served October 20,1866, on Pretty, who was then in possession, and judgment was entered (hy default) June 18,1867. Towle made application, June 27th, to be admitted as a defendant to the action, and that the judgment be opened, and he be allowed to file an answer; showing by his affidavit, that on the 17th of September, 1866, he acquired title to the lot in question by purchase from C. & W. Matthews; that Pretty, at that time was in possession of the lot as the…
1Opinion of the CourtPaine, J.
If Towle, were affected by tbe judgment in this action, tbe order setting it aside and allowing him to come in and defend, would be proper enough. But he is not affected by it. He purchased the interest of Matthews, under whom Pretty held as tenant. And assuming that Pretty was in possession when the papers in this action were served on him, and that he 'abandoned the possession a short time before his lease expired, to Towle, still, after his lease expired, Towle was in possession, not under Pretty, but by virtue of his ownership of the reversion. The judgment subsequently rendered against…
2Cases cited1 opinion
- Lentz v. Northwestern National Casualty Co.Wisconsin Supreme Court · 1960
3Cited by11 opinions
- Brown v. CohnWisconsin Supreme Court · 1894
- King v. DavisU.S. Circuit Court for the District of Western Virginia · 1903
- Kent v. LasleyWisconsin Supreme Court · 1880
- Cypreanson v. BergeWisconsin Supreme Court · 1901
- Atkison v. DixonSupreme Court of Missouri · 1886
6 more not listed; retrieve them via the Exa API.