Green Bay & Mississippi Canal Co. v. Hewitt
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. Ejectment. The cause was before this court on a former appeal and is reported in 55 Wis. 96. The* judgment affirmed on that appeal was vacated and a new trial granted under the statute (sec. 3092, R. S.). The defendants then amended their answer so as to set up a counterclaim for the reformation of the deed under which the plaintiff claimed, to accord with the alleged intention of all parties thereto.
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APPEAL from the Circuit Court for Outagamie County. Ejectment. The cause was before this court on a former appeal and is reported in 55 Wis. 96. The* judgment affirmed on that appeal was vacated and a new trial granted under the statute (sec. 3092, R. S.). The defendants then amended their answer so as to set up a counterclaim for the reformation of the deed under which the plaintiff claimed, to accord with the alleged intention of all parties thereto. Upon the issue made by the reply to that counterclaim, the circuit court found as facts: 1. On and previous to December 12, 1851, George W.…
1Opinion of the Court
The following opinion was filed October 14, 1884:
Outon, J.
This is an action of ejectment, in which both parties claimed to hold the premises in dispute under and from Morgan L. Martin, the plaintiff and respondent by his deed of May, 1873, and the defendants and appellants by his deed of January, 1880. In the deed to the respondent the grant was of the whole tract, but thereinafter there was a clause which limited the grant to the interest and title acquired by said Martin by virtue of a deed executed to him by one Evarts, as sheriff of Outagamie county, dated December 23, 1871, which clearly…
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