Washburn Land Co. v. White River Lumber Co.
Wisconsin Supreme Court
Appear from an order of the circuit court for Bayfield county: G. N. Risjord, Circuit Judge. This is an action to recover damages for a trespass which, plaintiff alleges the defendant committed upon forty acres of its land hy the cutting of timber thereon. The land is described as the southwest quarter of the southwest quarter of section 22, in township 46 north, of range 7 west, in Bay-field county, Wisconsin.
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Appear from an order of the circuit court for Bayfield county: G. N. Risjord, Circuit Judge. This is an action to recover damages for a trespass which, plaintiff alleges the defendant committed upon forty acres of its land hy the cutting of timber thereon. The land is described as the southwest quarter of the southwest quarter of section 22, in township 46 north, of range 7 west, in Bay-field county, Wisconsin. The trespass is alleged to have occurred in June, 1912, and at different times thereafter. The complaint alleges that the plaintiff is the owner of the land in question and that the…
1Opinion of the CourtSiebecker, J.
The main controversies on this appeal involve the inquiries: (1) Has the defendant stated a case for *117equitable relief against tbe judgment awarded in plaintiff’s favor quieting tbe title in tbe lands in question? and (2) If sucb a case is stated, is it pleadable as a countérclaim in this action ?
It is earnestly contended by tbe plaintiff tbat upon tbe facts stated in tbe answer tbe defendant is not entitled to equitable relief to restrain tbe enforcement of tbe judgment adjudging that tbe plaintiff is tbe absolute owner of tbe premises under tbe tax deed issued by Bayfield county on May 19,…
2Cases cited17 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- National Surety Co. v. State BankCourt of Appeals for the Eighth Circuit · 1903
- Laun v. KippWisconsin Supreme Court · 1914
- Johnson v. ColemanWisconsin Supreme Court · 1868
- McArthur v. MoffetWisconsin Supreme Court · 1910
12 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Nehring v. NiemerowiczWisconsin Supreme Court · 1937
- Ada Enterprises, Inc. v. ThompsonWisconsin Supreme Court · 1965
- Wasem v. EllensSouth Dakota Supreme Court · 1942
- Hobe v. RuddWisconsin Supreme Court · 1917
- Russell v. Superior Journal Co.District Court, W.D. Wisconsin · 1942