Yates v. Bachley
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The plaintiffs appealed from a judgment in defendant’s favor. The case is stated in the opinion. 1. Improvements made on lands used for agricultural purposes, by a tenant, under a verbal lease, are presumed to be made for his own convenience. The improvements made in this case were merely temporary ones, made for defendant’s own comfort and benefit; and he cannot recover therefor.
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APPEAL from the County Court of Milwaukee County. The plaintiffs appealed from a judgment in defendant’s favor. The case is stated in the opinion. 1. Improvements made on lands used for agricultural purposes, by a tenant, under a verbal lease, are presumed to be made for his own convenience. The improvements made in this case were merely temporary ones, made for defendant’s own comfort and benefit; and he cannot recover therefor. Fdgerton v. Page, 1 Hilt., 320; Yates v. Martin, 1 Chand., 118. 2. The defendant was not evicted by Mrs. Yates or her agents. There must be an actual eviction to…
1Opinion of the CourtLyon, J.
The action is for the use and occupation of certain premises in the county of Milwaukee, by the defendant, from May 1, 1869, to June 1, 1870.
It appears that the defendant owned a dwelling house on such premises, and entered into the occupation of the premises under a verbal lease from Dr. Wolcott (who then owned the same), May 1, 1868. He paid the agreed rent for pne year to Dr. Wolcott, and the latter has since conveyed the premises to the plaintiff Mrs. Yates, in whose name alone the action was originally brought. The other appellant appears here as a party only because judgment was…
2Cited by7 opinions
- Shelp v. United StatesCourt of Appeals for the Ninth Circuit · 1897
- Corcoran v. HarranWisconsin Supreme Court · 1882
- Hansen v. SteinAppellate Court of Illinois · 1916
- Smith v. KoberNebraska Supreme Court · 1922
- Mueller v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1901
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