Webster v. Killen
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Langlade county: John Goodland, Circuit Judge. This is an action of ejectment to recover possession of 680 acres of land, which were and are wild and unoccupied. 'The defendants, by answer, denied withholding possession of the lands, and disclaimed all title thereto, and alleged that, prior to the commencement of the action, they had .sold and conveyed all their right and title to said premises to one R. H. Markham.
Read the full summary
Appeal from a judgment of the circuit court for Langlade county: John Goodland, Circuit Judge. This is an action of ejectment to recover possession of 680 acres of land, which were and are wild and unoccupied. 'The defendants, by answer, denied withholding possession of the lands, and disclaimed all title thereto, and alleged that, prior to the commencement of the action, they had .sold and conveyed all their right and title to said premises to one R. H. Markham. The facts were stipulated, and were in substance as follows: (1) That the plaintiff was the original owner in fee ■of said lands;…
1Opinion of the CourtWinslow, J.
The question is whether the original owner of wild and unoccupied lands can maintain ejectment against one who disclaims title, but who at one time held a recorded tax-title deed of the lands, and, before the commencement of the action, had conveyed his title to another; such last-named conveyance not being recorded until after the filing; of the Us pendens. Upon both principle and authority, this question must be answered in the negative. The case of Sherman v. Bemis, 58 Wis. 343, seems to be conclusive upon the point. Ejectment may be brought against the actual occupant, or, if there be no…
2Cases cited1 opinion
- Sherman v. BemisWisconsin Supreme Court · 1883
3Cited by1 opinion
- Webster v. PierceWisconsin Supreme Court · 1901