Saladin v. Kraayvangere
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: R. N. Austin, Judge. This is an action in equity to set aside a sale under a foreclosure judgment as a cloud upon title to real estate, and to have an accounting for rents and profits. The answer set up adverse possession and laches. The action was tried before a referee, whose report was confirmed by the court.
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Appeal from a judgment of the superior court of Milwaukee county: R. N. Austin, Judge. This is an action in equity to set aside a sale under a foreclosure judgment as a cloud upon title to real estate, and to have an accounting for rents and profits. The answer set up adverse possession and laches. The action was tried before a referee, whose report was confirmed by the court. Upon the trial the following facts appeared without dispute : On the 15th of July, 1878, the eighty acres of land in question were owned by one Anna Kraa}’'vanger, the mother of the plaintiff and of the defendant…
1Opinion of the CourtWiNslow, J.
It is unnecessary to decide whether the exemplification of the lunacy proceedings in the Pennsylvania court was admissible or not. The finding of the plaintiff’s-insanity may be stricken from the case, and still the plaintiff will be entitled to recover upon the other facts found' which are founded upon sufficient evidence. From these-findings it appears that in 1883 the defendant William and the plaintiff were tenants in common of the farm, he owning three fourths and she one fourth thereof, and he being in possession of the whole, acknowledging her interest. The-whole farm was subject to a…
2Cases cited2 opinions
- Sydnor v. PalmerWisconsin Supreme Court · 1871
- Stewart v. StewartWisconsin Supreme Court · 1892
3Cited by2 opinions
- Roberts v. DeckerWisconsin Supreme Court · 1903
- Hahn v. KeithWisconsin Supreme Court · 1920