Lyon v. Fairbank
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. Tbis was an action to recover damages for a trespass upon land. The complaint charges that the defendants, on the 23d day of June, 1886, wrongfully, wilfully and maliciously intending to injure the plaintiff, did unlawfully assemble and enter upon fractional section 7, in the town of Linn,— which was then in the quiet and peaceable possession of the plaintiff and occupied by him as owner, and on which he had erected a…
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APPEAL from the Circuit Court for Walworth County. Tbis was an action to recover damages for a trespass upon land. The complaint charges that the defendants, on the 23d day of June, 1886, wrongfully, wilfully and maliciously intending to injure the plaintiff, did unlawfully assemble and enter upon fractional section 7, in the town of Linn,— which was then in the quiet and peaceable possession of the plaintiff and occupied by him as owner, and on which he had erected a dwelling-house and made other valuable improvements, and tear down and remove the fences, etc., and riotously and tumultuously…
1Opinion of the CourtCole, C. J.
We think the nonsuit in this case was clearly right. In granting the motion the learned' circuit judge made some remarks in regard to the title of the premises in controversy which express our views upon the subject *461very clearly. The judge, in substance, said that tbe patent originally granted to Wadsworth & Dyer conveyed the whole of this parcel of land, including the piece or point in dispute, to the patentees; that, though the patent describes the land as “ lot 1, section 6,” yet the map which accompanied the patent showed that lot 1 extended to Lake Geneva. The proofs made, together with…
2Cases cited4 opinions
- Whitney v. Detroit Lumber Co.Wisconsin Supreme Court · 1890
- Stephenson v. WilsonWisconsin Supreme Court · 1875
- Shufeldt v. SpauldingWisconsin Supreme Court · 1875
- Warner v. FountainWisconsin Supreme Court · 1871
3Cited by6 opinions
- Calder v. Hillsboro Land CompanyDistrict Court of Appeal of Florida · 1960
- Brown v. DunnWisconsin Supreme Court · 1908
- Citizens Bank of Clinton v. JonesWisconsin Supreme Court · 1903
- Kissinger v. StateNebraska Supreme Court · 1932
- Re Land Court App'n of R.W. Meyer, Ltd.Hawaii Supreme Court · 1952
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