Legal Opinion

Finn v. Wisconsin River Land Co.

Wisconsin Supreme Court

Decided November 8, 1888PublishedCited by 9 opinions

APPEAL from the Circuit Court for Lincoln County. This is an action in equity, brought to remove a cloud upon the plaintiffs’ title to certain land in Lincoln county, to wit, the E. -J of the S. W. J, and the W. of the S. E. J, of section 36, town 31, range 7 east. The land was purchased from, and patented by, the government, in 1860, to one Daniel Finn, the father of the plaintiffs, who died intestate in 1880 seized thereof.

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APPEAL from the Circuit Court for Lincoln County. This is an action in equity, brought to remove a cloud upon the plaintiffs’ title to certain land in Lincoln county, to wit, the E. -J of the S. W. J, and the W. of the S. E. J, of section 36, town 31, range 7 east. The land was purchased from, and patented by, the government, in 1860, to one Daniel Finn, the father of the plaintiffs, who died intestate in 1880 seized thereof. The plaintiffs are his only heirs at law, and claim to own the land as tenants in common by descent from their father, and to have the actual possession thereof. The…

1Opinion of the CourtLyon, J.

The learned counsel for the defendant frankly admits (and such is undoubtedly the fact) that the finding of the circuit court on the subject of possession is supported by the evidence. He maintains, however, with much earnestness and ability, that notwithstanding the existence of the facts so found the land in question was vacant and unoccupied during the entire three years next after the recording of the tax deeds of 1882 and 1884, respectively; and hence that the three years limitation of sec. 1188, R. S., as amended by sec. 2, ch. 399, Laws of 1880, had fully run in favor of those deeds…

2Cases cited4 opinions

  1. Sydnor v. PalmerWisconsin Supreme Court · 1871
  2. Wilson v. HenryWisconsin Supreme Court · 1876
  3. Lewis v. DisherWisconsin Supreme Court · 1873
  4. Haag v. DelormeWisconsin Supreme Court · 1872

3Cited by9 opinions

  1. Raynor v. Scandinavian-American BankWashington Supreme Court · 1922
  2. Laffitte v. City of SuperiorWisconsin Supreme Court · 1910
  3. Bronson v. St. Croix Lumber Co.Supreme Court of Minnesota · 1890
  4. St. Croix Land & Lumber Co. v. RitchieWisconsin Supreme Court · 1891
  5. Guinn v. SpillmanSupreme Court of Kansas · 1893

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