Ela v. Bankes
Wisconsin Supreme Court
APPEAL from the Circuit Court for Racine County. This action was brought by Emily 0. Ela, her husband joining with her as coplaintiff, for the recovery of possession of certain crops, grown upon certain premises, which crops she claimed to own as her separate estate, and of which she charged that the defendant unlawfully withheld the possession from her; alleging in her complaint due demand, and praying judgment for the property or its value and damages for detention.
Read the full summary
APPEAL from the Circuit Court for Racine County. This action was brought by Emily 0. Ela, her husband joining with her as coplaintiff, for the recovery of possession of certain crops, grown upon certain premises, which crops she claimed to own as her separate estate, and of which she charged that the defendant unlawfully withheld the possession from her; alleging in her complaint due demand, and praying judgment for the property or its value and damages for detention. The answer admitted the possession, but alleged, as a defense, that defendant was in possession as tenant in common with…
1Opinion of the CourtCole, J.
The plaintiff Mrs. Fla founded her right and title to the property in controversy upon a sale and conveyance of the land to her by her husband, the coplaintiff. It became then essential for her to show an actual sale and conveyance of the premises, in order to maintain the action. The lease under which the defendant was in possession was liable to be terminated by a sale of the farm. In case of sale, however, and possession being required by the purchaser, the defendant was to be fully compensated for any crops, or work performed on the farm in the course of an unfinished year. But the lease…
2Cases cited1 opinion
- State ex rel. Sullivan v. City of TomahWisconsin Supreme Court · 1891
3Cited by7 opinions
- Thompson v. BaxterSupreme Court of Minnesota · 1909
- Fletcher Bros. v. NelsonNorth Dakota Supreme Court · 1896
- Pefkaros v. HarmanCourt of Chancery of Delaware · 1934
- Diamond Cattle Co. v. ClarkWyoming Supreme Court · 1937
- Clark v. RhoadsIndiana Supreme Court · 1881
2 more not listed; retrieve them via the Exa API.