Whitmore v. Hay
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. This is an action of ejectment, commenced November 24, 1891. The complaint is in the statutory form.
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APPEAL from the Circuit Court for Milwaukee County. This is an action of ejectment, commenced November 24, 1891. The complaint is in the statutory form. The answer consists, first, of a general denial; and for a second and separate defense it alleges, in effect, that June 24,1876, the defendant entered into the possession of the premises described under claim of title, exclusive of any other right, founding such claim on a deed or written instrument made by one Thomas Hay, Sr., to the defendant, and that the defendant had continued in the open and exclusive occupation and possession of said…
1Opinion of the CourtOassoday, J.
It appears from tbe record that Thomas Hay, Sr., had three children,— Jane, Thomas, Jr., and the defendant, Joseph. Jane died in 1868, and before her father. She was the mother of the plaintiffs, and appears to have received a respectable advancement from her father. Thomas, Jr., is not a party to this action, and apparently makes no claim to any portion of the property in question. On the contrary, he appears to have left home and reached the conclusion as early as September 19, 1817, not “to take anything more from the old farm, unless in case of .necessity;” and he then accordingly…
2Cases cited15 opinions
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- Albright v. AlbrightWisconsin Supreme Court · 1888
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