Sherry v. Smith
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. By an instrument in writing bearing date November 29, 1871, the defendant William Smith sold and conveyed to the plaintiff the pine timber or stumpage on ten certain parcels of land therein described, situated in Shawano county, for a consideration therein expressed of $800. Between that date and October 29, 1880, the plaintiff cut and removed from such lands from 500,000 to 700,000 feet of lumber.
Read the full summary
APPEAL from the Circuit Court for Winnebago County. By an instrument in writing bearing date November 29, 1871, the defendant William Smith sold and conveyed to the plaintiff the pine timber or stumpage on ten certain parcels of land therein described, situated in Shawano county, for a consideration therein expressed of $800. Between that date and October 29, 1880, the plaintiff cut and removed from such lands from 500,000 to 700,000 feet of lumber. On the day last named the defendant Frederick II. Smith commenced an action of trespass against the plaintiff to recover damages for cutting and…
1Opinion of the CourtLyon, J.
1. The testimony taken upon the trial is voluminous and conflicting. It was taken in so desultory and scattering a manner that it is difficult to analyze and comprehend it. This difficulty has not been lessened by the manner in which the case has been abstracted and printed. After giving the testimony the most careful examination we were able to bestow upon it, we are of the opinion that it supports the findings of the learned circuit judge. True, in making those findings, he must have disbelieved and disregarded the testimony of the defendants, and accepted as true that of the plaintiff and…
2Cases cited4 opinions
- Boorman v. SunnuchsWisconsin Supreme Court · 1877
- Peck v. School District No. 4Wisconsin Supreme Court · 1867
- Tenney v. State Bank of WisconsinWisconsin Supreme Court · 1865
- Sherman v. KreulWisconsin Supreme Court · 1877
3Cited by6 opinions
- Pierstoff v. JorgesWisconsin Supreme Court · 1893
- Pippin v. RichardsWisconsin Supreme Court · 1911
- Hoff v. OlsonWisconsin Supreme Court · 1898
- Kimball v. Baker Land & Title Co.Wisconsin Supreme Court · 1913
- Sweetser v. SilberWisconsin Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.