Legal Opinion

Wright v. Sperry

Wisconsin Supreme Court

Decided January 15, 1870PublishedCited by 5 opinions

APPEAL from the Circuit Court for Dane County. Ejectment. After the decision of this court upon a former appeal (21 Wis. 331), and after the cause had been remitted for a new trial, the venue was changed to Dane county. The facts proven will sufficiently appear from the former report.

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APPEAL from the Circuit Court for Dane County. Ejectment. After the decision of this court upon a former appeal (21 Wis. 331), and after the cause had been remitted for a new trial, the venue was changed to Dane county. The facts proven will sufficiently appear from the former report. The following instructions, successively asked by the defendants, were refused: 1. “If the land was actually in the possession of the. defendants, or either of them, at the date of the deed from George W. Wright to the plaintiff, and if defendants, or either of them, claimed such possession under title adverse…

1Opinion of the Court

Dixoít, C. J.

The title of the plaintiff, and his right of possession of the land in question under the tax deed to George W. Wright, is res adjudícala by the former decision of this court; and that renders all other questions immaterial. Wright v. Sperry, 21 Wis. 331. After discussing the question of tenancy in common between the plaintiff and defendants, and showing that no such tenancy existed, and that the. plaintiff might lawfully claim title to the whole premises by virtue of that deed, the opinion proceeds as follows: “ There is no other objection to the tax deed or title which we deem…

2Cases cited2 opinions

  1. Wright v. SperryWisconsin Supreme Court · 1867
  2. Walthall's Ex'rs v. Rives, Battle & Co.Supreme Court of Alabama · 1859

3Cited by5 opinions

  1. Dodge v. GaylordIndiana Supreme Court · 1876
  2. Bur v. BongWisconsin Supreme Court · 1915
  3. Burchard v. RobertsWisconsin Supreme Court · 1887
  4. Shoup v. Central Branch Union Pacific RailroadSupreme Court of Kansas · 1880
  5. Horner v. DellingerU.S. Circuit Court for the District of Eastern Wisconsin · 1883

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