Hahn v. Keith
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sauk county: James O’Neill, Judge. Action begun June 4, 1917, to quiet title to eighty acres of land originally owned by William Keith, the plaintiff’s father. The defendants claimed title to the land as heirs and cotenants of plaintiff and asked for partition and an accounjiing.
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Appeal from a judgment of the circuit court for Sauk county: James O’Neill, Judge. Action begun June 4, 1917, to quiet title to eighty acres of land originally owned by William Keith, the plaintiff’s father. The defendants claimed title to the land as heirs and cotenants of plaintiff and asked for partition and an accounjiing. Joseph Keith, the original plaintiff, has died since the appeal was taken and his administrator, W. H. Hahn, has been substituted in his place, but for convenience Joseph Keith will be called the plaintiff. William Keith, the father of plaintiff and the common ancestor…
1Opinion of the Court
The following opinion was filed November 6, 1919:
Vinje, J.
Unquestionably plaintiff’s initial possession was permissive and not adverse, but permissive possession may ripen into an adverse one by declarations or acts, or both. 2 Corp. Jur. p. 124, §§ 210, 133, and 228; Bartlett v. Secor, 56 Wis. 520, 14 N. W. 714; Meyer v. Hope, 101 Wis. 123, 77 N. W. 720. And continuous and exclusive-possession of land for over, twenty years raises the presumption that possession is adverse and throws the burden of proof upon the true owner to show that it was permissive. Bartlett v. Secor, supra; Meyer v.…
2Cases cited5 opinions
- Meyer v. HopeWisconsin Supreme Court · 1898
- Karr v. WashburnWisconsin Supreme Court · 1882
- Bartlett v. SecorWisconsin Supreme Court · 1883
- Swearingen v. RobertsonWisconsin Supreme Court · 1876
- Corry v. SheaWisconsin Supreme Court · 1910
3Cited by8 opinions
- Simpson v. MansonIllinois Supreme Court · 1931
- Peters v. KellWisconsin Supreme Court · 1960
- Giblin v. GiblinWisconsin Supreme Court · 1921
- Mercer v. WaymanIllinois Supreme Court · 1956
- Marshall & Ilsley Bank v. BakerWisconsin Supreme Court · 1940
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