Warner v. Fountain
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. The action was against Fountain and. two other persons, for breaking the plaintiffs close, and taking and carrying away therefrom without "his consent, a dwelling house situated thereon, the property of the plaintiff, and converting the same to their own use, to plaintiff’s damage $400. The premises thus claimed as plaintiff’s close are described in the complaint by the following boundaries: “ commencing in the east line of…
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APPEAL from the Circuit Court for Outagamie County. The action was against Fountain and. two other persons, for breaking the plaintiffs close, and taking and carrying away therefrom without "his consent, a dwelling house situated thereon, the property of the plaintiff, and converting the same to their own use, to plaintiff’s damage $400. The premises thus claimed as plaintiff’s close are described in the complaint by the following boundaries: “ commencing in the east line of Appleton street, in the second ward of the city of Appleton, * * * one hundred feet north of the Chicago & Northwestern…
1Opinion of the Court
The following opinion was filed at the January term, 1871:
Oole, J.
We are unable to see any error in this record which could possibly have prejudiced the plaintiff. The decisive fact in the case is, that the deed to the railroad company was upon record before any purchaser of the various lots received Ms deed from Kimball. True, Thill, under whom the defendant Fountain claims, received his contract and went into the actual possession of his lot in September, 1865. And, although the railroad company had not then put its deed upon record, yet it was in possession of the premises conveyed by…
2Cited by8 opinions
- Childs v. NelsohWisconsin Supreme Court · 1887
- Fairfield v. BarretteWisconsin Supreme Court · 1889
- Lamoreux v. HuntleyWisconsin Supreme Court · 1887
- Lyon v. FairbankWisconsin Supreme Court · 1891
- Tiffany v. Town of Oyster BayNew York Supreme Court · 1918
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