Legal Opinion

Hemmy v. Dunn

Wisconsin Supreme Court

Decided June 23, 1905PublishedCited by 1 opinion

Appeal from a judgment of the circuit court for Dodge •county: James J. Dice, Circuit Judge. This action is brought by the administrator of the estate of Henry Dunn, who died intestate November 22, 1901, to quiet and establish title to the forty acres of land described.

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Appeal from a judgment of the circuit court for Dodge •county: James J. Dice, Circuit Judge. This action is brought by the administrator of the estate of Henry Dunn, who died intestate November 22, 1901, to quiet and establish title to the forty acres of land described. It is conceded in the complaint that one Edward Murray obtained the title to said land by deed dated October- 24, 1853, and that he died intestate August 27, 1856, leaving no issue nor wife, bim surviving, but leaving, bim surviving, bis mother, Ann Murray, bis brother, J ames Murray, and bis -three sisters, Mary Dunn, Julia…

1Opinion of the Court

Cassoday, O. J.

There is no claim or pretense that the plaintiff’s intestate ever acquired any right, title, or interest in the land in question by virtue of or “founded upon any written instrument or any judgment or decree” of any court.On the contrary, the claim is that he acquired such title by “an actual, continued occupation of” such “premises under a claim of title, exclusive of any other right,” and adversely to any other claimant. Sec. 4213, Stats. 1898. -That statute limits such right of adverse possession to “the premises so actually occupied, and no other.” Id. And then, after…

2Cases cited5 opinions

  1. Illinois Steel Co. v. BilotWisconsin Supreme Court · 1901
  2. Gilman v. BrownWisconsin Supreme Court · 1902
  3. Illinois Steel Co. v. JekaWisconsin Supreme Court · 1905
  4. Hatch v. LusignanWisconsin Supreme Court · 1903
  5. Batz v. WoerpelWisconsin Supreme Court · 1902

3Cited by1 opinion

  1. Frank C. Schilling Co. v. DetryWisconsin Supreme Court · 1930

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