Cornelius v. Kessel
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygan County. Ejectment, for a quarter-quarter section of land. The complaint was in the usual form.
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APPEAL from the Circuit Court for Sheboygan County. Ejectment, for a quarter-quarter section of land. The complaint was in the usual form. The answer, after admitting defendant’s possession, (1) denied generally the other averments of the complaint; (2) alleged defendant’s entry and possession for ten years under a claim of exclusive title founded on a written instrument as a conveyance of the land; and (3) alleged, by way of counterclaim, certain facts as to the entry of the land by one Davidson in 1856, upon full payment; the issue and recording of the receiver’s receipt; subsequent…
1Opinion of the CourtCole, C. J.
In this case the United States is the common source of title oh both sides. The plaintiff claims title under the Puffer entry, which was made December 6, 1876, and also under the patent which was subsequently issued to Puffer, dated June 4, 1877. The defendant claims under the Davidson entry, which was made January 2'9,1856. This was a cash entry of two tracts of land. By way of counterclaim it is alleged in the answer that there has been a continuous and uninterrupted assertion of title by the defendant, and by those under whom she claims, through this original Davidson entry, and a…
2Cases cited4 opinions
- Simmons v. WagnerSupreme Court of the United States · 1880
- McLane v. BoveeWisconsin Supreme Court · 1874
- Bovee v. McLeanWisconsin Supreme Court · 1869
- Ansley v. PetersonWisconsin Supreme Court · 1872
3Cited by3 opinions
- Cornelius v. KesselWisconsin Supreme Court · 1883
- Weeks v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1891
- Cooper v. WilderCalifornia Supreme Court · 1895