Stridde v. Saroni
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action commenced in June, 1864, by holder of tax title, claiming to be in possession of the land, to quiet his title. One Frederick Stridde, a brother of the plaintiff, was in possession of the premises (a city lot) before April, 1859, claiming title thereto, and occupied one part of it for a blacksmith shop and residence, and leased the remainder to one Fiewagen, who occupied the same.
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APPEAL from the Circuit Court for Winnebago County. Action commenced in June, 1864, by holder of tax title, claiming to be in possession of the land, to quiet his title. One Frederick Stridde, a brother of the plaintiff, was in possession of the premises (a city lot) before April, 1859, claiming title thereto, and occupied one part of it for a blacksmith shop and residence, and leased the remainder to one Fiewagen, who occupied the same. In April, 1859, the plaintiff, Charles Stridde, obtained and put upon record a tax deed of the lot (on a tax sale made in 1852), and during the same month…
1Opinion of the CourtDixon, C. J.
As to the undivided half of the premises leased by the plaintiff to Eiewagen, the plaintiff was in possession at the time this action was commenced, and is therefor entitled to maintain it. The possession of his tenant was his possession. Eiewagen was not a party to the suit in the district court, and has never been disturbed or evicted.
As to the other undivided half, that is, the half leased to Frederick Stridde at the time of the first lease to Eiewagen, the plaintiff was not in possession when this suit was commenced, and it cannot therefore be maintained. Frederick Stridde was evicted by…
2Cases cited1 opinion
- Stewart v. RoderickSupreme Court of Pennsylvania · 1842
3Cited by4 opinions
- People Ex Rel. Kingsland v. . PalmerNew York Court of Appeals · 1873
- Illinois Steel Co. v. KohnkeWisconsin Supreme Court · 1912
- Northrup & Chick v. RomarySupreme Court of Kansas · 1870
- Village of Pewaukee v. Wisconsin Lakes Ice & Cartage Co.Wisconsin Supreme Court · 1901