Gerhardt v. Swaty
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kewaunee County. The case is thus stated by Mr. Justice TaxloR: “ This action was brought to recover the value of certain cedar trees and cedar ties wrongfully and unlawfully taken from the plaintiff’s land.
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APPEAL from the Circuit Court for Kewaunee County. The case is thus stated by Mr. Justice TaxloR: “ This action was brought to recover the value of certain cedar trees and cedar ties wrongfully and unlawfully taken from the plaintiff’s land. The complaint, after alleging ownership and possession by the plaintiff of a certain described parcel of land, alleges: ‘that on January 2, 1880, and at divers times thereafter, and on January 29, 1880, and at divers times thereafter, the said defendants unlawfully and wrongfully broke and entered the before-described close of this plaintiff, and cut…
1Opinion of the CourtTaylor, J.
We think the evidence shows .such a possession of the premises in question as will support an action of trespass against mere intruders, claiming no title in themselves or in those under whom they claim. If the plaintiff had in fact purchased the tract in question, and obtained a conveyance thereof, and entered into the actual possession of a part of the lands so purchased under claim of title to the whole, he would be deemed in the actual possession of the whole tract for the purpose of maintaining an action for a trespass thereon by one claiming no right or title thereto. His possession, as…
2Cases cited5 opinions
- McClintock v. RogersIllinois Supreme Court · 1849
- Jewell v. Chicago, St. Paul & Minneapolis Railway Co.Wisconsin Supreme Court · 1882
- Billingsley v. BatesSupreme Court of Alabama · 1857
- Tucker v. ColeWisconsin Supreme Court · 1882
- Barden v. SmithWisconsin Supreme Court · 1859
3Cited by12 opinions
- Sina v. CarlsonSupreme Court of Minnesota · 1913
- Schaefer v. OsterbrinkWisconsin Supreme Court · 1886
- Hiroux v. BaumWisconsin Supreme Court · 1908
- Moore v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1890
- Napa Valley Packing Co. v. San Francisco Relief & Red Cross FundsCalifornia Court of Appeal · 1911
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