Scheuber v. Held
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. The defendants appealed from an order sustaining a demurrer to the second and third defenses set up in their answer. The nature of the action and the character of those defenses will sufficiently appear from the opinion.
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APPEAL from the Circuit Court for Jefferson County. The defendants appealed from an order sustaining a demurrer to the second and third defenses set up in their answer. The nature of the action and the character of those defenses will sufficiently appear from the opinion. They argued substantially as follows: 1. The law of England adopted in this country at the time of the revolution, fixed the limitation of actions for lands at twenty years as to' subjects, and sixty years as to the sovereign power. 32 Henry YIII, c. 2; 21 James I, cc. 5,16; 9 George III, c. 16. In Hew York, whence we derive…
1Opinion of the CourtOktost, J.
This action is brought to recover damages to the lands of the plaintiff by being overflowed by the erection and maintenance of the mill-dam of the defendants below the same, on Bark river, in Jefferson county. The answer, after a general denial, sets up and alleges, as to a portion of the lands, that they had been so submerged, used and enjoyed adversely to the plaintiff for more than twenty years, a part of. which time they were owned by the state as a part of the swampland grant; and as to the other lands, that they had been so submerged, used and enjoyed for more than twenty years, a part…
2Cases cited7 opinions
- Sprecker v. WakeleyWisconsin Supreme Court · 1860
- Brown v. ParkerWisconsin Supreme Court · 1871
- Lemon v. HaydenWisconsin Supreme Court · 1860
- Wyman v. StateWisconsin Supreme Court · 1861
- Haag v. DelormeWisconsin Supreme Court · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1907
- Attorney General v. Revere Copper Co.Massachusetts Supreme Judicial Court · 1890
- Bird v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1888
- Nelson v. JacobsWisconsin Supreme Court · 1898
- Sertic v. RobertsOregon Supreme Court · 1943
3 more not listed; retrieve them via the Exa API.