Brown v. City of Baraboo
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sauk county: N. G. SiebeoKeb, Circuit Judge. This is an action of ejectment, and was commenced by-William Brown, October 10, 1892, to recover an undivided four-tenths of an undivided one-half of a strip of land in Baraboo, four rods wide and forty rods long, and extending from the town line, at the south end of Oak street, south,, across Water street, the Baraboo river, the mill race, and the reservation, to the north end of…
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Appeal from a judgment of the circuit court for Sauk county: N. G. SiebeoKeb, Circuit Judge. This is an action of ejectment, and was commenced by-William Brown, October 10, 1892, to recover an undivided four-tenths of an undivided one-half of a strip of land in Baraboo, four rods wide and forty rods long, and extending from the town line, at the south end of Oak street, south,, across Water street, the Baraboo river, the mill race, and the reservation, to the north end of Tine street, as indicated-on the old plat of the village of Baraboo, the east and west sides of said strip being in line…
1Opinion of the CourtCassoday, C. J.
1. Counsel contends that the defendant did not get title to any portion of the strip of land in question by virtue of any deed made by George W. Brown in his lifetime. The material question is whether George W. Brown, by such deed or deeds, parted with the title to any portion of such strip of land. If he did, then as to such portion his parents took no title. It is a cardinal principle in actions of ejectment that the plaintiff must recover, if at all, *282on the strength of his own title, and not upon the weakness or want of title in the defendant. Kelley v. McKeon, 67 Wis. 561, and cases there…
2Cases cited14 opinions
- Pettibone v. HamiltonWisconsin Supreme Court · 1876
- Johnson & Co. v. ArnoldSupreme Court of Georgia · 1893
- Norcross v. GriffithsWisconsin Supreme Court · 1886
- Jarstadt v. MorganWisconsin Supreme Court · 1880
- Buchanan v. CurtisWisconsin Supreme Court · 1869
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3Cited by4 opinions
- Wegge v. MadlerWisconsin Supreme Court · 1906
- Blatchford v. VossWisconsin Supreme Court · 1929
- Childs v. DahlkeWisconsin Supreme Court · 1912
- Lawler v. BrennanWisconsin Supreme Court · 1912