Heermans v. Schmaltz

Dyer, D. J.

This is an action of ejectment, to recover the ■possession of 140 acres of land in Milwaukee county, occupied by the defendant Schmaltz, as lessee of the defendant Merrick, who claims ownership in hostility to the title of the plaintiff. The defence consists of a denial of the plaintiff’s title, and of adverse possession for a period of 20 years, which possession is also asserted for a period of 10 years under claim of title founded upon a deed from one Ellis Worthington to Levi J. Merrick, father of the defendant Levi 0. Merrick.

The case has been tried without a jury, the parties…