Stephenson v. Wilson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. Ejectment, commenced in 1877, for a quarter section of land. The question of title to the same land was involved in Wilson v. Henry and others, 35 Wis., 241-9, Stephenson v. Wilson and another, 37 id., 482-96, and Wilson v. Henry and others, 40 id., 594-611, all of which were founded upon alleged trespasses to the land. The complaint in the present action is in the ordinary form in ejectment.
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APPEAL from the Circuit Court for Iowa County. Ejectment, commenced in 1877, for a quarter section of land. The question of title to the same land was involved in Wilson v. Henry and others, 35 Wis., 241-9, Stephenson v. Wilson and another, 37 id., 482-96, and Wilson v. Henry and others, 40 id., 594-611, all of which were founded upon alleged trespasses to the land. The complaint in the present action is in the ordinary form in ejectment. The answer, after denying all the averments of the complaint except that of defendant’s possession, sets up, by way of counterclaim, a tax deed of the land,…
1Opinion of the Court
The following opinion was filed on the 23d of June, 1880:
Cole, J.
In order for the plaintiff to succeed in the action, he must undoubtedly establish his legal title; in other words, he must recover on the strength of his own title, not on the weakness of his adversary’s. The inquiry therefore is, Did he prove a good title to all the land described in the complaint, which consists of four forty-acre tracts? In support of his adverse possession the plaintiff relied on two distinct chains of title: the one derived through the deed from the attorney in fact of Tuttle to Bequette, and Bequette to…
2Cases cited6 opinions
- Wilson v. HenryWisconsin Supreme Court · 1876
- Wilson v. HenryWisconsin Supreme Court · 1874
- Gunnison v. HoehneWisconsin Supreme Court · 1864
- Stephenson v. WilsonWisconsin Supreme Court · 1875
- Barclay v. YeomansWisconsin Supreme Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Carey v. CagneySupreme Court of Louisiana · 1902
- Kessinger v. WilsonSupreme Court of Arkansas · 1890
- McCormick v. HerndonWisconsin Supreme Court · 1887
- Ordway v. CowlesSupreme Court of Kansas · 1891
- Mitchell v. LinesSupreme Court of Kansas · 1887
4 more not listed; retrieve them via the Exa API.