Mitchell Iron & Land Co. v. Flambeau Land Co.
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Sawyer county: JoiiN K. Pakisb:, Circuit Judge. Appeal from order overruling a general demurrer to tbe complaint.
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Appeal from an order of tbe circuit court for Sawyer county: JoiiN K. Pakisb:, Circuit Judge. Appeal from order overruling a general demurrer to tbe complaint. That pleading alleges first that the plaintiff owns in fee simple, through mesne conveyances from the government, certain real estate; that the defendants make some claim thereto, to wit, that the defendant Flambeau Land Company has received from the county cleric certain tax deeds, and has caused the same to be recorded in the register’s office, to wit, one dated and recorded in May, 1899, and others dated in May, 1901, and that it…
1Opinion of the CourtDodge, J.
Appellants’ first criticism of the complaint is that the general allegations that plaintiff is the owner in fee simple of the lands described, and that defendants make •claims thereto which are clouds upon that title, constitute mere conclusions of law, and are not allegations of any facts, within the requirements of sec. 2646, Stats. 1898. That suggestion has support from some earlier cases. Wals v. Grosvenor, 31 Wis. 681; Page v. Kennan, 38 Wis. 320. Its efficiency is, however, wholly overcome by the statutory amendment now embodied in sec. 3186, Stats. 1898, which declares:
“It shall be…
2Cases cited10 opinions
- Gates v. ParmlyWisconsin Supreme Court · 1896
- Hoth v. PetersWisconsin Supreme Court · 1882
- Teetshorn v. HullWisconsin Supreme Court · 1872
- Crumbly v. BardonWisconsin Supreme Court · 1888
- Page v. KennanWisconsin Supreme Court · 1875
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3Cited by1 opinion
- Preston v. ThayerWisconsin Supreme Court · 1906