Legal Opinion

Baier v. Ziegelbauer

Wisconsin Supreme Court

Decided September 21, 1886Published

APPEAL from the Circuit Court for, Washington County. The case is thus stated by Mr. Justice Cassoday: “ The plaintiff complained in justice’s court that the defendant, November lé and 15, 1884, forcibly broke and entered upon the lands of the plaintiff in the N. W. J of section 12, in the town of Hartford, Washington county, Wisconsin, and commenced building a fence upon the same, and otherwise injuring said premises, to the plaintiff’s damage $200. The defendant answered a…

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APPEAL from the Circuit Court for, Washington County. The case is thus stated by Mr. Justice Cassoday: “ The plaintiff complained in justice’s court that the defendant, November lé and 15, 1884, forcibly broke and entered upon the lands of the plaintiff in the N. W. J of section 12, in the town of Hartford, Washington county, Wisconsin, and commenced building a fence upon the same, and otherwise injuring said premises, to the plaintiff’s damage $200. The defendant answered a general denial, and specially denied the plaintiff’s ownership of the premises described; and averred that the…

1Opinion of the CourtCassoday, J.

It appears from the undisputed evidence that the plaintiff had been in possession of the N. E. \ of the N. W. J of said section, under a deed of the same, for over thirty years; that there was a fence on the south line of it; that the defendant owned the S. E. \ of the same quarter section; that the defendant came upon the plaintiff’s forty within the said fence, and there built another fence; and that is the trespass complained of. It is true the plaintiff testified that he lived upon the N. E. J of the section; but, obviously, this was a mere inadvertence, for he testified that he had a…

2Cases cited6 opinions

  1. Bates v. CampbellWisconsin Supreme Court · 1870
  2. Stewart v. WallisNew York Supreme Court · 1858
  3. Wadleigh v. Marathon County BankWisconsin Supreme Court · 1883
  4. Ellice v. BoyerNew York Supreme Court · 1832
  5. Locklin v. CaslerNew York Supreme Court · 1875

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