Melia v. Simmons
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. Ejectment, by Peter Melia against Bryan Melia and John II. Simmons. Both defendants answered a general denial; and Simmons also set up the ten-year statute of limitations.
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APPEAL from the Circuit Court for Dodge County. Ejectment, by Peter Melia against Bryan Melia and John II. Simmons. Both defendants answered a general denial; and Simmons also set up the ten-year statute of limitations. It appeared by stipulation, that plaintiff acquired title to the land in 1851, and entered-into possession; that on the 12th of April, 1876, Simmons, without plaintiff’s knowledge or consent, entered upon and took exclusive possession of the land, which he retained when the action was commenced; that on said 12th of April, 1876, he leased the premises to Bryan Melia, who was…
1Opinion of the CourtOetoN, J.
The proceedings of administration, settlement and assignment of the estate of the respondent, represented to have been dead, when he was and is still alive, are absolutely null and void for all purposes whatsoever.
The defense set up by virtue of sec. 6, ch. 117, R. S. 1858, that the said Simmons and his grantor had been in the continual occupation and possession of the premises in question for ten years, and that such grantor entered into such possession under claim of title exclusive of any other right, and founding such claim upon the judgment of some competent cotvrt, is not available in…
2Cases cited3 opinions
- Griffith v. FrazierSupreme Court of the United States · 1814
- Wales v. WillardMassachusetts Supreme Judicial Court · 1806
- Quinn v. QuinnWisconsin Supreme Court · 1870
3Cited by19 opinions
- Cowie v. StrohmeyerWisconsin Supreme Court · 1912
- Perry v. Saint Joseph & Western RailroadSupreme Court of Kansas · 1883
- Thomas v. People ex rel. JoinerIllinois Supreme Court · 1883
- Springer v. . ShavenderSupreme Court of North Carolina · 1896
- Newcomb v. IngramWisconsin Supreme Court · 1932
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