Webster v. Pierce
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Langlade county: JohN G-oodlaND, Circuit Judge. Action of ejectment. The complaint is in the usual form. The action was originally commenced against defendants O. 8. Pierce and William H. Killen. The complaint was duly filed April 13,1893, and on the same day a Ms pendens was filed in due form.
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Appeal from a judgment of the circuit court for Langlade county: JohN G-oodlaND, Circuit Judge. Action of ejectment. The complaint is in the usual form. The action was originally commenced against defendants O. 8. Pierce and William H. Killen. The complaint was duly filed April 13,1893, and on the same day a Ms pendens was filed in due form. The summons was served on said defendants April 14,1898. They appeared by attorney May 3, 1893, and answered July 12, 1893, disclaiming any interest in the land and denying that at the time of the commencement of the action, or for a long time prior…
1Opinion of the Court
The following opinion was filed October 12, 1900:
Maeshall, J.
This appeal, as to appellants Pierce and Killen, is ruled by Sherman v. Bemis, 58 Wis. 343, and Webster v. Killen, 99 Wis. 525. It was decided in the first of such cases, and affirmed in the second, that if a defendant in ejectment neither has nor claims to have any interest in the subject of the action or any possession thereof actually or constructively at the time of the commencement of the action, he is entitled to a dismissal thereof with costs. In the Webster Case it was held,*as to unoccupied lands, that the situation of the…
2Cases cited11 opinions
- Lamont v. . CheshireNew York Court of Appeals · 1875
- Mason v. City of AshlandWisconsin Supreme Court · 1898
- Coe v. ManseauWisconsin Supreme Court · 1885
- Sheridan v. . AndrewsNew York Court of Appeals · 1872
- Cutler v. JamesWisconsin Supreme Court · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- May v. SutherlinWashington Supreme Court · 1906
- Temple v. OsburnOregon Supreme Court · 1910
- Cone v. ShunkaDistrict Court, W.D. Wisconsin · 1966
- Glass v. ZachowWisconsin Supreme Court · 1914
- Stephenson v. DoolittleWisconsin Supreme Court · 1904
3 more not listed; retrieve them via the Exa API.