Weeks v. Milwaukee, Lake Shore & Western Railway Co.
Wisconsin Supreme Court
APPEAL from the Superior Oourt of Milwcmkee County. TRe following statement of the case was prepared by Mr. Justice Tayloe as a part of the opinion: This is an action in equity, brought by the plaintiffs, who claim to be heirs at law and legal representatives of William Weeks, deceased, to compel the defendant to transfer to them the legal title to certain lands described in the complaint, and which they allege are held by the railway company in trust for them.
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APPEAL from the Superior Oourt of Milwcmkee County. TRe following statement of the case was prepared by Mr. Justice Tayloe as a part of the opinion: This is an action in equity, brought by the plaintiffs, who claim to be heirs at law and legal representatives of William Weeks, deceased, to compel the defendant to transfer to them the legal title to certain lands described in the complaint, and which they allege are held by the railway company in trust for them. The defendant demurred to the complaint on the ground that it does not state facts sufficient to constitute a cause of action. The…
1Opinion of the CourtTaylor, J.
The only arguments insisted upon by the counsel for the respondent as a ground for sustaining the demurrer to the complaint were: (1) The defendant is to be protected as a bona fide purchaser for value, without notice, express or implied, of the fraud in the proceedings under which the pretended assignment of the land claim was made to the persons under whom the patentee claimed; and (2) that the plaintiffs show upon the face of their complaint that they have been guilty of such laches as ought to estop them from insisting upon their title. It is sufficient to say, as to the second point, the…
2Cases cited18 opinions
- Witherspoon v. DuncanSupreme Court of the United States · 1867
- Bagnell v. BroderickSupreme Court of the United States · 1839
- Cornelius v. KesselSupreme Court of the United States · 1888
- Beard v. FederySupreme Court of the United States · 1866
- Brush v. WareSupreme Court of the United States · 1841
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3Cited by7 opinions
- Rinzel v. StumpfWisconsin Supreme Court · 1903
- Walker v. DalyWisconsin Supreme Court · 1891
- Bradley v. Dells Lumber Co.Wisconsin Supreme Court · 1900
- Juneau County State Bank v. State Bank of MaustonWisconsin Supreme Court · 1923
- Weld v. Johnson Manufacturing Co.Wisconsin Supreme Court · 1893
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