Whitcomb v. Provost
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland county: JohN K. RaRish, Circuit Judge. This is an action of ejectment to recover a quarter section of land which was in actual possession of the defendant, and upon which he had made improvements, and the sole question in issue was whether the defendant could recover the value of such improvements.
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Appeal from a judgment of the circuit court for Ashland county: JohN K. RaRish, Circuit Judge. This is an action of ejectment to recover a quarter section of land which was in actual possession of the defendant, and upon which he had made improvements, and the sole question in issue was whether the defendant could recover the value of such improvements. The land in question was a portion of the lands granted to the state by the United States to aid in the construction of railroads, under the acts of June 3,1856, and May 5,1864, earned by the Wisconsin Central Railroad Company, and conveyed to…
1Opinion of the CourtWinslow, J.
The defendant admitted that, under the decision of the supreme court of the United States in Wis. Cent. R. Co. v. Forsythe, 159 U. S. 46, the plaintiffs had the-title to the land in question, and must recover because the same was within the place limits of the grant to the Wisconsin Central Railroad, and hence not open to homestead entry in 1891. The defendant claimed to recover for his improvements, however, under sec. 3096, R. S. 1878, and the only question in this case is whether such a recovery can be sustained. That section provides as follows: “ In every case-where a recovery shall be…
2Cases cited11 opinions
- Stone v. United StatesSupreme Court of the United States · 1897
- Wright v. MattisonSupreme Court of the United States · 1856
- Shiver v. United StatesSupreme Court of the United States · 1895
- Flint & Pere Marquette Railway Co. v. GordonMichigan Supreme Court · 1879
- Edgerton v. BirdWisconsin Supreme Court · 1858
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3Cited by3 opinions
- Knapp v. Alexander-Edgar, Lumber Co.Wisconsin Supreme Court · 1911
- Morgan v. MuellerWisconsin Supreme Court · 1900
- Abraham v. HatchettSupreme Court of Arkansas · 1917