Wilson v. Henry
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. Action for an alleged trespass committed by defendants October 21, 1871, upon land of which plaintiff claimed right of possession, with actual possession and title in fee simple The- answer of the defendant Henry denied plaintiff’s title, and charged that one Stephenson was the owner in fee simple and entitled to the possession; that Stephenson had been the owner and in actual possession of the land since 1857, and the parties…
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APPEAL from the Circuit Court for Iowa County. Action for an alleged trespass committed by defendants October 21, 1871, upon land of which plaintiff claimed right of possession, with actual possession and title in fee simple The- answer of the defendant Henry denied plaintiff’s title, and charged that one Stephenson was the owner in fee simple and entitled to the possession; that Stephenson had been the owner and in actual possession of the land since 1857, and the parties from whom he derived title had been the owners and in possession since 1847; that Henry had acted as agent for Stephenson…
1Opinion of the CourtDixon, C. J.
The court sees no reason to doubt, qualify or disturb the rules laid down in Sydnor v. Palmer, 29 Wis., 226, 251-3, for the construction of statutes of limitation, nor to question the correctness of the construction which was given to the statute there under consideration. To determine precisely what was there decided, and the application and effect of the decision in a case like the present, it is necessary that the language of the opinion should be carefully read and observed. The language is: “ Evidence of adverse possession is always to be strictly construed, and every presumption is to…
2Cases cited2 opinions
- Sydnor v. PalmerWisconsin Supreme Court · 1871
- Atlas Paper Co. v. SeamansWisconsin Supreme Court · 1892
3Cited by15 opinions
- Smith v. SherryWisconsin Supreme Court · 1882
- Carey v. CagneySupreme Court of Louisiana · 1902
- Piney Oil & Gas Co. v. ScottCourt of Appeals of Kentucky (pre-1976) · 1934
- Kessinger v. WilsonSupreme Court of Arkansas · 1890
- Wilson v. HenryWisconsin Supreme Court · 1876
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