Chase v. Woodruff
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sauk county: E. Ray Steveits, Circuit Judge. This action was brought to recover possession of lot 4, block 25, iu the city of Baraboo, and for damages for unlawfully withholding possession thereof from the plaintiff. The defendants denied the material allegations of the complaint and set up adverse possession in the defendant, and further set up the defense of estoppel by way of amendment to the answer.
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Appeal from a judgment of the circuit court for Sauk county: E. Ray Steveits, Circuit Judge. This action was brought to recover possession of lot 4, block 25, iu the city of Baraboo, and for damages for unlawfully withholding possession thereof from the plaintiff. The defendants denied the material allegations of the complaint and set up adverse possession in the defendant, and further set up the defense of estoppel by way of amendment to the answer. The case was tried to the court and a jury. Both parties moved for direction of a Verdict. The motions were respectively denied and the case…
1Opinion of the CourtKerwin, J.
In 1855 Julius Woodruff was the owner of a farm of 120 acres near Baraboo, Wisconsin, and lots Nos. 3 and 4, block 25, in Baraboo. On lot 3 was the homestead of Julius Woodruff, which he occupied from 1855 until 1906. Lot 4 is involved in this action. Lots 3 and 4 were used together from 1855 until April 19, 1905, when-Julius gave a warranty deed covering lot 4 to his son Frank B. Woodruff, defendant, which was recorded May 5, 1905, after which Franlc proceeded to improve the lot and erect a dwelling house thereon, and executed a mortgage to the defendant Alice M. Wright. The mortgage was…
2Cases cited3 opinions
- Hill v. American Surety Co.Wisconsin Supreme Court · 1902
- Chase v. WoodruffWisconsin Supreme Court · 1907
- State v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
3Cited by1 opinion
- Lamberson v. LambersonWisconsin Supreme Court · 1921