Prentiss v. Brewer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. Ejectment for about twenty-eigbt acres of land in the northwest fractional quarter of section 1, of a certain town in Jefferson'county.
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APPEAL from the Circuit Court for Jefferson County. Ejectment for about twenty-eigbt acres of land in the northwest fractional quarter of section 1, of a certain town in Jefferson'county. Both parties claimed under one Burchard; the deed under which defendant claimed being of the south half of said quarter section, executed to one Potter in 1850; while that under which the plaintiff claimed was of the north half of said quarter, and was executed in 1855. The answer avers certain facts as to the manner in which Potter acquired title, which will appear from the opinion of the court. It also…
1Opinion of the Court
The following opinion was filed in December, 1862.
By the Court,
Cole, J.
We shall not stop to inquire whether the circuit court should have granted the nonsuit, because we are all clearly of the opinion that the testimony which was offered for the purpose of showing that the appellant was entitled to hold one half of the north-west fractional quarter, divided according to area or quantity, was improperly excluded, and therefore the judgment must be reversed for this reason, even if no other error existed in the case.' It appears that both parties claim the premises in controversy by title…
2Cases cited2 opinions
- Ganson v. MadiganWisconsin Supreme Court · 1862
- Fisher v. MoolickWisconsin Supreme Court · 1861
3Cited by16 opinions
- Vilas v. BundyWisconsin Supreme Court · 1900
- McEvoy v. LoydWisconsin Supreme Court · 1872
- Lego v. MedleyWisconsin Supreme Court · 1891
- Hinnen v. ArtzSupreme Court of Kansas · 1917
- Hoyne v. SchneiderSupreme Court of Kansas · 1933
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