Jenkins v. Sharpf
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Crosse County. Ejectment. The plaintiff appealed from a judgment in favor of the defendants.
Read the full summary
APPEAL from the Circuit Court for La Crosse County. Ejectment. The plaintiff appealed from a judgment in favor of the defendants. The case is stated in the opinion. argued that if there was any ambiguity in the tax deeds, it was a latent one, and parol evidence was admissible to explain it; that the law wiíl not declare an instrument void until it has been examined in all the light contemporaneous facts and circumstances may afford, and a liberal construction will be given where the circumstances may warrant or justice require (Schu-maker v. Hoeveler, 22 Wis. 43; Stanly v. Green, 12 Cal. 148;…
1Opinion of the CourtLyon, J.
This is an action for the recovery of real property. The complaint alleges that the plaintiff is the owner in fee of “ the north twenty feet of lot No. one, in Block No. eight in the old plat of La Crosse, now city of La Crosse,” and is entitled to the possession thereof, and that the defendants unlawfully withhold from him the possession of said premises, etc.
The answer of the defendants denies that the plaintiff is the owner or entitled to the possession of the premises in controversy, and also denies that they unlawfully withhold from him the possession thereof. It also alleges that the…
2Cases cited2 opinions
- Schmitz v. SchmitzWisconsin Supreme Court · 1865
- Delorme v. FerkWisconsin Supreme Court · 1869
3Cited by4 opinions
- Mendota Club v. AndersonWisconsin Supreme Court · 1899
- Hartung v. WitteWisconsin Supreme Court · 1884
- California Real Estate Co. v. WalkupCalifornia Court of Appeal · 1915
- Johnson v. Ashland Lumber Co.Wisconsin Supreme Court · 1879