Kneeland v. Van Valkenburgh
Wisconsin Supreme Court
APPEAL from the County Court of Milwaulc.ee County. Ejectment, for a parcel of land in the 7th ward of the city of Milwaukee. The land claimed is described in the complaint by metes and bounds. It appears from such description that the land is a strip about fifty feet wide, being the east end of lot 1 in block 108 in that ward, and that the same is included within the limits of Riddle and Lake streets, and subject to a public easement for a highway.
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APPEAL from the County Court of Milwaulc.ee County. Ejectment, for a parcel of land in the 7th ward of the city of Milwaukee. The land claimed is described in the complaint by metes and bounds. It appears from such description that the land is a strip about fifty feet wide, being the east end of lot 1 in block 108 in that ward, and that the same is included within the limits of Riddle and Lake streets, and subject to a public easement for a highway. The answer contains a counterclaim, in which is inserted a conveyance executed in 1850 by the plaintiff to Mrs. Todd of a portion of said lot 1,…
1Opinion of the CourtLyon, J.
If the deed of 1850, executed by the plaintiff to Mrs. Todd, conveyed to her the land in controversy, the plaintiff cannot recover in this action; for it is essential to a recovery that he show title in himself. The counterclaim avers, and the reply admits, the execution of that deed, and, if it conveyed the land claimed, it is obvious that the reply contains no defense to the counterclaim, and that the demurrer was properly sustained. Hence the statement in the brief of the learned counsel for the appellant, that “ the substantial question is, whether appellant’s deed to Todd conveyed the…
2Cases cited3 opinions
- Pettibone v. HamiltonWisconsin Supreme Court · 1876
- Kimball v. City of KenoshaWisconsin Supreme Court · 1856
- Goodall v. City of MilwaukeeWisconsin Supreme Court · 1856
3Cited by10 opinions
- Chicago & Northwestern Railway Co. v. Milwaukee, Racine & Kenosha Electric Railway Co.Wisconsin Supreme Court · 1897
- Olin v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1898
- Plumer v. JohnstonMichigan Supreme Court · 1886
- Hannon v. KellyWisconsin Supreme Court · 1914
- Sweatman v. BathrickSouth Dakota Supreme Court · 1903
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