Legal Opinion

Good Land Co. v. Cole

Wisconsin Supreme Court

Decided April 30, 1907Published

Appeal from a judgment of the circuit court for Price county: A. J. Yiuje, Judge. This is an action in ejectment. Plaintiff, a corporation, demanded possession ‘of the premises, damages for the unlawful detention, and for costs. Defendant in his amended answer denies the legal and due incorporation of the plaintiff, in that two of the three incorporators were hnsband and wife at the time the corporation was formed.

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Appeal from a judgment of the circuit court for Price county: A. J. Yiuje, Judge. This is an action in ejectment. Plaintiff, a corporation, demanded possession ‘of the premises, damages for the unlawful detention, and for costs. Defendant in his amended answer denies the legal and due incorporation of the plaintiff, in that two of the three incorporators were hnsband and wife at the time the corporation was formed. Plaintiff submitted evidence of incorporation and evidence showing title through tax deeds recorded April 17, 1895, and on May-31, 1895. This evidence was objected to on the ground…

1Opinion of the Court

The following opinion was filed February 19, 1907:

SiebeckeR, J.

In this case appellant raises all of the questions presented in the case of Van Ostrand v. Cole, ante, p. 446, 110 N. W. 891. We find the facts bearing on these questions are the same in the two cases, and the decision upon them in the companion case rules this one in respect to all the questions so presented.

Appellant, however, raises the question that plaintiff has no corporate existence and hence cannot maintain this action. Sec. 1771, Stats. (1898), provides that “three or more adult persons, residents of this state, may form…

2Cases cited6 opinions

  1. Fuller & Fuller Co. v. McHenryWisconsin Supreme Court · 1892
  2. Citizens Loan & Trust Co. v. WitteWisconsin Supreme Court · 1902
  3. Kriz v. PeegeWisconsin Supreme Court · 1903
  4. Bundy v. CockeSupreme Court of the United States · 1888
  5. Van Ostrand v. ColeWisconsin Supreme Court · 1907

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