McMillan v. Wehle
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Crosse County. The case is thus stated by Mr. Justice Oassoday: “ This is an action of ejectment to recover a lot in La Crosse.
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APPEAL from the Circuit Court for La Crosse County. The case is thus stated by Mr. Justice Oassoday: “ This is an action of ejectment to recover a lot in La Crosse. The defendants claim title under a deed executed by the original owner in December, 1878. The plaintiffs claim title by virtue of ten years’ possession, commencing in April, 1860, under a tax deed void on its face, issued to Alexander and John McMillan, and recorded August 6, 1856. Prior to April, 1860, the lot was vacant, unfenced, and unoccupied. Alexander and John McMillan took possession under the tax deed in April, 1S60, and…
1Opinion of the Court
Oassoday, J".
Notwithstanding the facts stated are undisputed, it is urged that the question of possession should have been submitted to the jury. In support of this we are referred particularly to the testimony of Daniel Cameron, from which it appears in effect that he had, during the time in question, claimed title to the land, and supposed that Tuttle went on to the lot under him, and for some of the years paid the taxes. But the mere conversation between Daniel Cameron and Tuttle could in no way affect the adverse possession then held by the McMillans. They continued to hold until Tuttle…
2Cases cited13 opinions
- Knox v. ClevelandWisconsin Supreme Court · 1860
- Oconto Co. v. JerrardWisconsin Supreme Court · 1879
- Edgerton v. BirdWisconsin Supreme Court · 1858
- Sprecker v. WakeleyWisconsin Supreme Court · 1860
- Messer v. OestreichWisconsin Supreme Court · 1881
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Wenke Ex Rel. Laufenberg v. Gehl Co.Wisconsin Supreme Court · 2004
- McCann v. WelchWisconsin Supreme Court · 1900
- Kessinger v. WilsonSupreme Court of Arkansas · 1890
- Lampman v. Van AlstyneWisconsin Supreme Court · 1896
- Mason v. CrowderSupreme Court of Missouri · 1885
22 more not listed; retrieve them via the Exa API.