Weisbrod v. Daenicke
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Ejectment. Complaint in the usual form; answer, a general denial. The nature of the testimony, and the charge of the circuit judge, sufficiently appear in the opinion. Judgment for the plaintiff; from which the defendant appealed. 1. Conceding that the appellant owned more than a quarter of an acre, his homestead will consist of that quarter of an acre which was capable of being occupied as a home, and was so occupied.
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APPEAL from the Circuit Court for Winnebago County. Ejectment. Complaint in the usual form; answer, a general denial. The nature of the testimony, and the charge of the circuit judge, sufficiently appear in the opinion. Judgment for the plaintiff; from which the defendant appealed. 1. Conceding that the appellant owned more than a quarter of an acre, his homestead will consist of that quarter of an acre which was capable of being occupied as a home, and was so occupied. Bunker v. Locke, 15 Wis., 635. He did not and could not occupy the public street. The law raises no presumption that he…
1Opinion of the CourtCole, J.
The defendant occupies two lots in the city of Oshkosh. The .lots are bounded on the south by a street which is sixty-four feet wide, and extend back to an alley which is twenty feet wide. Both lots are included in one inclosure ; are now occupied by the defendant as a homestead, and were so occupied by him at the time of the execution sale which is the foundation of the plaintiff’s title. The lots within the inclosure, extending from the north line of the street to the south line of the alley, contain less than one-fourth of an acre. When the lots are surveyed from the center of the street…
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