Legal Opinion

Washburn Land Co. v. Swanby

Wisconsin Supreme Court

Decided February 19, 1907PublishedCited by 2 opinions

Appeal from a judgment of the circuit court for Bayfield county: John K. Paeisii, Circuit Judge. This is an action of ejectment brought by the plaintiff as the original owner in fee simple to recover possession of three lots described, unlawfully withheld by the defendant since May 1, 1905, to the plaintiff’s damage in the sum of $500. The defendant answered by way of a general denial and by way of counterclaim, alleging in effect that he has been in possession since April…

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Appeal from a judgment of the circuit court for Bayfield county: John K. Paeisii, Circuit Judge. This is an action of ejectment brought by the plaintiff as the original owner in fee simple to recover possession of three lots described, unlawfully withheld by the defendant since May 1, 1905, to the plaintiff’s damage in the sum of $500. The defendant answered by way of a general denial and by way of counterclaim, alleging in effect that he has been in possession since April 28, 1905, holding adversely to the plaintiff and its grantors by title founded upon a certain tax deed duly issued to the…

1Opinion of the CourtCassoday, C. J.

Exception is taken to the admission in evidence of a certain deed in the plaintiff’s chain of title. It appears and is undisputed that the deed mentioned was executed in the presence of two subscribing witnesses and acknowledged by the grantors, outside of this state, before a notary public, who certified to the same substantially in the form prescribed by our statutes, and made the impression of his official seal as such notary public upon the instrument. The trial court held that under our statutes such acknowledgment was sufficient, and hence that such deed was properly ad*4missible in…

2Cases cited6 opinions

  1. Cook v. McCombWisconsin Supreme Court · 1898
  2. Chippewa River Land Co. v. J. L. Gates Land Co.Wisconsin Supreme Court · 1903
  3. Maxcy v. SimonsonWisconsin Supreme Court · 1907
  4. Stephenson v. DoolittleWisconsin Supreme Court · 1904
  5. Gilbert v. PierWisconsin Supreme Court · 1899

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Maxcy Land Co. v. SwanbyWisconsin Supreme Court · 1907
  2. Maxcy v. SwanbyWisconsin Supreme Court · 1907

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