Stephenson v. Wilson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. Action for trespass quare clausum. The complaint avers the plaintiff’s ownership in fee of a quarter section of mineral land in Iowa county, and that he, his grantors and those under whom he claims, had been in possession since July, 1847, and in the usual form alleges a trespass quare. clausum thereon by the defendants, Oct. 23, 1871, their threats to continue such trespass and to dispossess the plaintiff, and to collect rents…
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APPEAL from the Circuit Court for Iowa County. Action for trespass quare clausum. The complaint avers the plaintiff’s ownership in fee of a quarter section of mineral land in Iowa county, and that he, his grantors and those under whom he claims, had been in possession since July, 1847, and in the usual form alleges a trespass quare. clausum thereon by the defendants, Oct. 23, 1871, their threats to continue such trespass and to dispossess the plaintiff, and to collect rents from the miners at work thereon, and demands judgment for damages, injunction, etc. The answer of defendant Wilson sets…
1Opinion of the CourtCole, J.
We shall not attempt to consider all the exceptions presented by the record and discussed by counsel, but will mainly confine our attention to questions arising upon some portions of the charge of the court which were excepted to and are claimed to be erroneous.
The circuit court, among other things, charged the jury that the plaintiff must be regarded as the true owner — in other words, as being invested with the original government title — notwithstanding any technical defects or objections which had been found or raised to his title, or to some of the conveyances or transfers which…
2Cases cited5 opinions
- Jones v. CollinsWisconsin Supreme Court · 1863
- Wilson v. HenryWisconsin Supreme Court · 1874
- Lewis v. DisherWisconsin Supreme Court · 1873
- Dillingham v. FisherWisconsin Supreme Court · 1856
- Nichols v. NicholsWisconsin Supreme Court · 1851
3Cited by13 opinions
- Smith v. SherryWisconsin Supreme Court · 1882
- Diana Shooting Club v. LamoreuxWisconsin Supreme Court · 1902
- Spiess v. NeubergWisconsin Supreme Court · 1888
- Wilson v. HenryWisconsin Supreme Court · 1876
- Allen v. LaudahnIdaho Supreme Court · 1938
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