Meyer v. Hope
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Grant county: Geo. OlemeNtsoN, Circuit Judge. Action of ejectment tried by the court without a jury. The record title was in plaintiffs intestate at the time of his death, and the right to possession in plaintiff for the purposes of administration unless the actual ownership of the property was in defendant, who relied, in the main, on title by adverse possession.
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Appeal from a judgment of the circuit court for Grant county: Geo. OlemeNtsoN, Circuit Judge. Action of ejectment tried by the court without a jury. The record title was in plaintiffs intestate at the time of his death, and the right to possession in plaintiff for the purposes of administration unless the actual ownership of the property was in defendant, who relied, in the main, on title by adverse possession. The court found the facts in defendant’s favor, to which plaintiff in due form and time excepted. Judgment on the findings was rendered in favor of defendant, and plaintiff appealed.
1Opinion of the CourtMaeshall, J.
It is considered that the only question which requires special consideration in this opinion is, Does the evidence warrant the conclusion of the trial court that the defendant had been for more than twenty years in the adverse possession of the land in question, before this action -was commenced ? That defendant had been in the .actual, continuous, exclusive, notorious occupation of the land for the time *125mentioned, is not denied. The contention is that the possession was not adverse. That was a fact in controversy on the evidence, and the determination of it by the trial court must stand as a…
2Cases cited10 opinions
- Sydnor v. PalmerWisconsin Supreme Court · 1871
- Kirk and Others, in Error v. Smith, Ex. Dem. Penn, in ErrorSupreme Court of the United States · 1824
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- Wilkins v. NicolaiWisconsin Supreme Court · 1898
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