Post v. Campbell
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wal-worth county: FbaNK M. Fish, Circuit Judge. The complaint in the first instance was in form to remove a cloud upon title to real estate. It stated in substance that plaintiff was the owner in fee simple of the land .described in the complaint; that defendant claimed to own the same under a deed from Eebecca Campbell, good upon its face, but that it was never delivered to the grantee.
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Appeal from a judgment of the circuit court for Wal-worth county: FbaNK M. Fish, Circuit Judge. The complaint in the first instance was in form to remove a cloud upon title to real estate. It stated in substance that plaintiff was the owner in fee simple of the land .described in the complaint; that defendant claimed to own the same under a deed from Eebecca Campbell, good upon its face, but that it was never delivered to the grantee. There was the usual prayer appropriate to such an action. The answer denied the material allegations of the complaint and alleged actual ownership and…
1Opinion of the CourtMaeshall, J.
The following questions are presented: Did the court err in allowing the amendment? Was it error to overrule an objection to any evidence under the amended complaint? Did the evidence disclose equities in favor of appellant, or wrongdoing by respondent militating against her right to the relief granted? Was the limitation of the right of respondent’s mother to the property void?
In considering the first question we shall assume, without deciding, that the amended complaint did not change the class to which the action belonged; that is, that the original complaint stated a cause of action in…
2Cases cited13 opinions
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
- Lawe v. HydeWisconsin Supreme Court · 1876
- Spiess v. NeubergWisconsin Supreme Court · 1888
- Prickett v. MuckWisconsin Supreme Court · 1889
- Carmichael v. ArgardWisconsin Supreme Court · 1881
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- State Farm Mutual Automobile Insurance v. DuelSupreme Court of the United States · 1945
- Ludington v. PattonWisconsin Supreme Court · 1901
- Charmley v. CharmleyWisconsin Supreme Court · 1905
- Gates v. PaulWisconsin Supreme Court · 1903
18 more not listed; retrieve them via the Exa API.