Allen v. Allen
Wisconsin Supreme Court
APPEAL from the Circuit Court for Saule County. The case is stated in the opinion. The final order of the county court distributing and assigning the estate of Abram Allen, deceased, in accordance with his last will and testament, was made before the commencement of the action. They contended, inter alia, that the question of adverse possession in this case was one of intention, and should have been submitted to the jury.
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APPEAL from the Circuit Court for Saule County. The case is stated in the opinion. The final order of the county court distributing and assigning the estate of Abram Allen, deceased, in accordance with his last will and testament, was made before the commencement of the action. They contended, inter alia, that the question of adverse possession in this case was one of intention, and should have been submitted to the jury. McPherson v. Peatherstone, 37 Wis., 632; Taylor v. Horde, 1 Burr., 60; Hallv. Dewey, lO.Vt., 593; Runcorn v. Doe dem. Cooper, 5 Barn. & C., 696; Bradstreet v. Huntington, 5…
1Opinion of the CourtTaylob, J.
This is an action of ejectment. The appellant sets up adverse possession for more than twenty years previous to the commencement of the action as a defense. Upon the trial in the circuit court the judge instructed the jury to render a verdict for the plaintiff. To this instruction the appellant excepted. The only material question raised upon this appeal is, Was there any evidence given on the trial which tended to prove the defense of adverse possession set up by the appellant? If there was, then it was error to direct a verdict for the plaintiff.
The evidence upon the trial showed that the…
2Cases cited10 opinions
- Sherman v. . KaneNew York Court of Appeals · 1881
- French v. PearceSupreme Court of Connecticut · 1831
- Sydnor v. PalmerWisconsin Supreme Court · 1871
- Roebke v. AndrewsWisconsin Supreme Court · 1870
- Smith v. RobertsSupreme Court of Alabama · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Rennert v. ShirkIndiana Supreme Court · 1904
- Clithero v. FennerWisconsin Supreme Court · 1904
- Graeven v. DievesWisconsin Supreme Court · 1887
- Smith v. HitchcockNebraska Supreme Court · 1893
- Perkinson v. ClarkeWisconsin Supreme Court · 1908
16 more not listed; retrieve them via the Exa API.