Wollman v. Ruehle
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Wauke-sha county: James J. DicK, Circuit Judge. Ejectment for a small strip of land, containing about TVo-acres. On October 18, 1839, one John Rock entered tbe land owned by botb plaintiff and defendant. Tbe title to tbe east balf of tbe tract came by mesne conveyances to plaintiff, and of tbe west balf to defendant. In 1856 tbe title to plaintiff’s land was in one Philip Heavner, and that of defendant in Alois Mallsacher.
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Appeal from a judgment of tbe circuit court for Wauke-sha county: James J. DicK, Circuit Judge. Ejectment for a small strip of land, containing about TVo-acres. On October 18, 1839, one John Rock entered tbe land owned by botb plaintiff and defendant. Tbe title to tbe east balf of tbe tract came by mesne conveyances to plaintiff, and of tbe west balf to defendant. In 1856 tbe title to plaintiff’s land was in one Philip Heavner, and that of defendant in Alois Mallsacher. At that time there was a fence, supposed to be on tbe line between tbe two tracts, and which has been maintained…
1Opinion of the CourtBardeen, J.
The undisputed evidence shows that in 1856, at the time defendant’s father purchased the westerly tract, he was informed that the fence was on the true line, by both his grantor and Heavner, the owner of the other tract, and that it was then agreed which portion of the fence each should keep up. It is further established beyond dispute that defendant’s father occupied the premises on his side, up *34to tbe fence, until bis cleatb in 1861, and that defendant remained in possession witb tbe consent of tbe other heirs, and as one of tbe claimants to tbe land, until be secured tbeir title, and…
2Cases cited2 opinions
- Wilkins v. NicolaiWisconsin Supreme Court · 1898
- Welton v. PoynterWisconsin Supreme Court · 1897
3Cited by15 opinions
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
- Rennert v. ShirkIndiana Supreme Court · 1904
- Meyer v. HopeWisconsin Supreme Court · 1898
- Gilman v. BrownWisconsin Supreme Court · 1902
- Wollman v. RuehleWisconsin Supreme Court · 1899
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