Martin v. Gilson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. The complaint of Martin alleges, that, on a day named, he was the owner and entitled to the immediate possession of certain pine logs, spiles, etc., which defendants Gilson and Severance being in possession of, unlawfully converted, etc. Answer, a general denial, etc.
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APPEAL from the Circuit Court for Brown County. The complaint of Martin alleges, that, on a day named, he was the owner and entitled to the immediate possession of certain pine logs, spiles, etc., which defendants Gilson and Severance being in possession of, unlawfully converted, etc. Answer, a general denial, etc. On the trial, to show his right to the possession and ownership of the property, the plaintiff offered in evidence a deed of certain land executed by himself and wife to Severance, one of the defendants, which contained the following reservation: “ Said Peter Martin reserves for…
1Opinion of the Court
By AN, O. J.
This case is controlled by Rich v. Zeilsdorff, 22 Wis., 544. The court below could not have refused the nonsuit, without disregarding that decision. And we are not disposed to reconsider it. Whatever may have been the original wisdom of the distinction on which that case rests, it is now too late to question the rule.
The appellant’s deed to the respondent Severance does not except the wood from the grant, but only reserves the right to cut it. Trover is, therefore, not the appellant’s remedy. The case is not within Tyson v. McGuineas, 25 Wis., 656, and that class of cases.
By the…
2Cases cited2 opinions
- Rich v. ZeilsdorffWisconsin Supreme Court · 1868
- Tyson v. McGuineasWisconsin Supreme Court · 1870
3Cited by3 opinions
- Golden v. GlockWisconsin Supreme Court · 1883
- Van Slyke v. Arrowhead Reservoir & Power Co.California Supreme Court · 1909
- Clark v. GuestOhio Supreme Court · 1896