Nash v. Church
Wisconsin Supreme Court
APPEAL EROM ’ CIRCUIT COURT, MILWAUKEE COUNTY. This was an action commenced by Charles D. Nash against Benjamin Church as owner, and Frederick Buchmann as tenant, for the recovery of lot 7 in block 30, in the sixth ward of the city of Milwaukee. The defendants denied the title of the plaintiff and claimed title in themselves.
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APPEAL EROM ’ CIRCUIT COURT, MILWAUKEE COUNTY. This was an action commenced by Charles D. Nash against Benjamin Church as owner, and Frederick Buchmann as tenant, for the recovery of lot 7 in block 30, in the sixth ward of the city of Milwaukee. The defendants denied the title of the plaintiff and claimed title in themselves. On the trial, the plaintiff read the patent from the government for the quarter section in which the lot lay, and then relied on the record of an action for partition of the quarter section, in the circuit court of Milwaukee county. This bill for partition was filed…
1Opinion of the Court
By the Court,
DixoN, C. J.
The positions assumed by the respondents’ counsel in the argument of this case, I must.say, appeared to me novel and somewhat extraordinary. It seemed to me that if they were correct, we should, so far as the appellants are concerned, be compelled to give one of the most unjust judgments ever pronounced in a court of justice; that every sentiment of equity and justice demanded of us to uphold them in their title and possession, or at least to give them their day in court, for the purpose of establishing them. The idea that, under our statute for the partition of real…
2Cases cited4 opinions
- Foot v. StevensNew York Supreme Court · 1837
- Bickford v. PageMassachusetts Supreme Judicial Court · 1807
- Grice v. RandallSupreme Court of Vermont · 1851
- Pierce v. OliverMassachusetts Supreme Judicial Court · 1816
3Cited by10 opinions
- Head v. DanielsSupreme Court of Kansas · 1887
- Ruth v. OberbrunnerWisconsin Supreme Court · 1876
- Deery v. McClintockWisconsin Supreme Court · 1872
- Rodriguez v. La Cueva Ranch Co.New Mexico Supreme Court · 1912
- Stevens v. The RailroadsUnited States Circuit Court · 1880
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