Likens v. Likens
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Grant county: GeoRGE Clemewtson, Circuit Judge. This action was brought to establish the title of the plaintiffs to certain lands in Grant county, Wisconsin, and for an accounting and partition.
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Appeal from a judgment of the circuit court for Grant county: GeoRGE Clemewtson, Circuit Judge. This action was brought to establish the title of the plaintiffs to certain lands in Grant county, Wisconsin, and for an accounting and partition. The answer, among other defenses, sets up laches and alleges ownership and possession from the 18th day of April, 1896, and that such possession had been continuous, open, notorious, and exclusive of all rights, claims, or title of any person, and hostile to the claim of the plaintiffs and W. W. Likens, the person under whom plaintiffs claim. The…
1Opinion of the CourtKeRWIET, J.
It is strenuously contended by appellants that the sale to Miles under the foreclosure suit and transfer of the land by him to Benjamin F. Lihens and Tilla A. Lihens (hereinafter called defendants) did not vest the absolute title in said defendants as against W. W. Likens, under the doctrine that a cotenant cannot purchase an outstanding title or incumbrance affecting the common estate for his own exclusive benefit and assert such right against other co-tenants. We do not regard it necessary to discuss this question, because we are convinced that the defense of laches is supported by the…
2Cases cited7 opinions
- In Re SanbornSupreme Court of the United States · 1893
- Combs v. ScottWisconsin Supreme Court · 1890
- McCann v. WelchWisconsin Supreme Court · 1900
- Brittin v. HandySupreme Court of Arkansas · 1859
- Mandeville v. SolomonCalifornia Supreme Court · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pugnier v. RamharterWisconsin Supreme Court · 1957
- Rowell v. BarberWisconsin Supreme Court · 1910
- Bur v. BongWisconsin Supreme Court · 1915
- Diehl v. DunnWisconsin Supreme Court · 1961
- State Ex Rel. Conn v. Board of Trustees of Wisconsin Retirement FundWisconsin Supreme Court · 1969
4 more not listed; retrieve them via the Exa API.