Swearingen v. Robertson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia County. Ej ectment, commenced July 7,1874. Plaintiff (who brought suit by her guardian ad litem) showed that she was the daugter of Thomas A. Swearingen, deceased; that the latter died in 1855; and that she was in her twentieth year at the commencement of this action; and she introduced in evidence a patent from the United States to the said Thomas A. Swear-ingen of the premises in controversy.
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APPEAL from the Circuit Court for Columbia County. Ej ectment, commenced July 7,1874. Plaintiff (who brought suit by her guardian ad litem) showed that she was the daugter of Thomas A. Swearingen, deceased; that the latter died in 1855; and that she was in her twentieth year at the commencement of this action; and she introduced in evidence a patent from the United States to the said Thomas A. Swear-ingen of the premises in controversy. Defendant, having pleaded the statute of limitations, introduced evidence tending to prove that the land was sold for taxes in 1850, and a tax deed was issued…
1Opinion of the CourtCole, J.
The controlling question in this case arises upon the statute of limitations. The circuit court instructed the •jury, in substance, that if they found that adverse possession began to run against the ancestor of the plaintiff, it continued to run against the plaintiff, notwithstanding she was under the disability of infancy when the right accrued to her. If the court was correct in this construction of the statute, the action cannot be maintained. The provision under which the question arises, reads as follows: “If a person entitled to commence any action for the recovery of real property, or…
2Cases cited5 opinions
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- Jackson ex dem. Livingston v. RobinsNew York Supreme Court · 1818
- Jackson ex dem. Colden v. MooreNew York Supreme Court · 1816
- Machir v. MayCourt of Appeals of Kentucky · 1815
- May's Heirs v. BennettCourt of Appeals of Kentucky · 1823
3Cited by7 opinions
- Wade v. DoyleSupreme Court of Florida · 1880
- Burdett v. MaySupreme Court of Missouri · 1889
- County of Mecklenburg v. BealesSupreme Court of Virginia · 1911
- Hahn v. KeithWisconsin Supreme Court · 1920
- Corry v. SheaWisconsin Supreme Court · 1910
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