Bates v. Campbell
Wisconsin Supreme Court
APPEAL from the Circuit Court for Pierce County. Ejectment, etc., commenced in 1869. The complaint alleges that since May, 1860, “ plaintiff has been residing upon and in the actual occupancy of the S. E. £ of the N. E. £ of section 36, and the W. £ of the N. W. £, and N. W. £ of the S. W. £ of section 31, of a certain township in said county, containing 160 acres, more or less, and has improvements made and erected thereon of the value of $800,” and that he “has an actual…
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APPEAL from the Circuit Court for Pierce County. Ejectment, etc., commenced in 1869. The complaint alleges that since May, 1860, “ plaintiff has been residing upon and in the actual occupancy of the S. E. £ of the N. E. £ of section 36, and the W. £ of the N. W. £, and N. W. £ of the S. W. £ of section 31, of a certain township in said county, containing 160 acres, more or less, and has improvements made and erected thereon of the value of $800,” and that he “has an actual subsisting interest in” said W. £ of the N. W. £ and N. W. £ of the S. W. £ of section 31, “by virtue of chapter 161,…
1Opinion of the Court
Paiíte, J.
It may be that the complaint fails to show a title in the plaintiff, but it does show possession and a right to the possession as against the defendant. And the authorities cited by the appellant’s counsel, and others that might be cited, show that possession is sufficient to enable a party to recover in ejectment, against a wrong-doer intruding upon su'dh possession. In the case of Hoey v. Furman, 1 Pa. St. 295, it was held that a plaintiff who was himself a wrong-doer, and had wrongfully entered upon land and disseized the rightful owner, might still recover in ejectment against a…
2Cited by16 opinions
- New England Box Co. v. C & R Construction Co.Massachusetts Supreme Judicial Court · 1943
- Elofrson v. LindsayWisconsin Supreme Court · 1895
- Swift v. AgnesWisconsin Supreme Court · 1873
- L'Engle v. ReedSupreme Court of Florida · 1891
- Hacker v. HorlemusWisconsin Supreme Court · 1889
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