Dreger v. Budde
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane .county: E. Eay Stevens, Circuit Judge. Plaintiff is the owner of a farm situate in Dane county. 'One of the defendants is the owner and the other defendant is tenant of a farm adjoining that of plaintiff. About August 20, 1905, plaintiff had made a survey of his premises, according to which the line fence between the farms was on his land about two rods.
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Appeal from a judgment of the circuit court for Dane .county: E. Eay Stevens, Circuit Judge. Plaintiff is the owner of a farm situate in Dane county. 'One of the defendants is the owner and the other defendant is tenant of a farm adjoining that of plaintiff. About August 20, 1905, plaintiff had made a survey of his premises, according to which the line fence between the farms was on his land about two rods. He took down the old fence and set it on ■the line as located by this new survey. About September 1, 1905, defendants took down the fence so located by the plaintiff and rebuilt it on the…
1Opinion of the CourtSiebecker, J.
It is averred that the court erred in receiving evidence of adverse possession and submitting the trial of title to the jury, because'the defendants failed to give the bond required by sec. 3620, Stats. (1898), when the title to the strip in question was put in issue by the pleading in the justice’s court. The record shows that the case was appealed to the circuit court and tried de novo therein, pursuant to sec. 3768, Stats. (1898), on the pleadings as orig*520inally filed in justice’s court. The right to try the title to the disputed strip in the circuit court upon the pleadings in the case as…
2Cases cited1 opinion
- State v. PrestonWisconsin Supreme Court · 1874
3Cited by2 opinions
- Bettack v. ConachenWisconsin Supreme Court · 1940
- Litel v. First National Bank of OregonWisconsin Supreme Court · 1928