Graeven v. Dieves
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Ejectment. The facts will sufficiently appear from the opinion. A motion for a nonsuit, made at the close of the plaintiff’s testimony and renewed at the close of the testimony for the defendant, was granted, and from the judgment dismissing the complaint the plaintiff appeals.
Read the full summary
APPEAL from the Circuit Court for Milwaukee County. Ejectment. The facts will sufficiently appear from the opinion. A motion for a nonsuit, made at the close of the plaintiff’s testimony and renewed at the close of the testimony for the defendant, was granted, and from the judgment dismissing the complaint the plaintiff appeals. To the point that where the owner of lands, through ignorance, inadvertence or mistake, takes and holds possession beyond the true line, but with no intention of claiming further than his actual boundaries, such possession is not adverse, they cited Brotan v.…
1Opinion of the Court
Cole, O. J.
It is not claimed or pretended that the plaintiff showed any paper title to the strip of land in controversy. The deed from Seligman to Kriege, and the one from Kriege and wife to the plaintiff, dated March 19,1880, conveyed the west twenty-five feet of lots 1, 2, and 3, in block 102. The piece of land sought to be recovered lies outside of the premises described in these deeds, and is an irregular strip west of the west boundary line of such premises,— being eight inches wide on the north end, and four inches wide on the south end. The plaintiff attempted to prove title to this…
2Cases cited3 opinions
- Sydnor v. PalmerWisconsin Supreme Court · 1871
- Allen v. AllenWisconsin Supreme Court · 1883
- Pepper v. O'DowdWisconsin Supreme Court · 1876
3Cited by19 opinions
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
- Edwards v. FlemingSupreme Court of Kansas · 1911
- Sheldon v. Michigan Central RailroadMichigan Supreme Court · 1910
- Childs v. NelsohWisconsin Supreme Court · 1887
- Elofrson v. LindsayWisconsin Supreme Court · 1895
14 more not listed; retrieve them via the Exa API.