Nelson v. Churchill
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. Action of ejectment. The complaint is in the usual form. It contained a count for special damages for waste. Defendant pleaded title under a tax deed. On the trial it was in effect stipulated that plaintiffs were entitled to recover if the tax deed under which defendant justified was not valid. The deed was fair on its face.
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Appeal from a judgment of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. Action of ejectment. The complaint is in the usual form. It contained a count for special damages for waste. Defendant pleaded title under a tax deed. On the trial it was in effect stipulated that plaintiffs were entitled to recover if the tax deed under which defendant justified was not valid. The deed was fair on its face. The only defense was that the land was, in legal effect, redeemed from the tax upon which the deed was based before it was issued. Plaintiffs produced evidence tending to show…
1Opinion of the CourtMaesiialu, J.
Complaint is made because the court permitted evidence of the market value of products made from the standing timber. In support thereof it is said the measure of damages for waste by removing the timber in an action like this is the diminished value of the land by such removal, not the value of the timber in its manufactured state. True, —and the court so ruled. Respondents’ evidence of the value of the manufactured products was produced merely as a means, in connection with evidence respecting the reasonable .cost of converting the timber into such products and delivering the same upon the…
2Cases cited4 opinions
- Gould v. SullivanWisconsin Supreme Court · 1893
- Bray & Choate Land Co. v. NewmanWisconsin Supreme Court · 1896
- Whorton v. WebsterWisconsin Supreme Court · 1882
- Edwards v. UphamWisconsin Supreme Court · 1896
3Cited by11 opinions
- Grimes v. CarterSupreme Court of Oklahoma · 1939
- Headley v. HallSupreme Court of Oklahoma · 1942
- Otto v. CornellCourt of Appeals of Wisconsin · 1984
- Williams v. Elm City Lumber Co.Supreme Court of North Carolina · 1911
- Miller v. NealeWisconsin Supreme Court · 1909
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