Maxon v. Ayers
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Waupaca County. Action by Louise F. Maxon to remove an alleged cloud upon ber title to land.
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APPEAL from tbe Circuit Court for Waupaca County. Action by Louise F. Maxon to remove an alleged cloud upon ber title to land. Tbe complaint averis ber ownership in fee simple, and possession, since April, 1865; thé rendition and docketing of two judgments against one Nathan Maxon, in tbe circuit court for said county, in June, 1868; tbe issue of executions thereon, July 8, 1868; and proceedings by tbe sheriff in levying upon, advertising and selling said land upon said executions; tbe fact that tbe land was struck off to defendant; tbe making of duplicate certificates of such sale by tbe…
1Opinion of the CourtCole, J.
Tbe only question we bave to consider in tins case is, whether the matters set forth in the complaint constitute a cause of action under section 29, chapter 141, E. S. It is insisted in support of the demurrer that they do not, because, as is argued, upon the facts stated, it clearly appears there is no legal validity in the claim of the defendant, and therefore there is no ground for invoking the aid of a court of equity. It is not enough, it is said, that the complaint show some wrongful or unlawful act on the part of the defendant in respect to the real estate of the plaintiff; but it must…
2Cases cited2 opinions
- Moore v. CordWisconsin Supreme Court · 1861
- Dean v. City of MadisonWisconsin Supreme Court · 1859
3Cited by14 opinions
- Pier v. City of Fond du LacWisconsin Supreme Court · 1875
- Hart v. SmithWisconsin Supreme Court · 1878
- Sonday v. Dave Kohel Agency, Inc.Wisconsin Supreme Court · 2006
- Clark v. DarlingtonSouth Dakota Supreme Court · 1895
- Coe v. ManseauWisconsin Supreme Court · 1885
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