Haseltine v. Mosher
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wood County. This action was commenced May 20, 1876, to recover the value of pine timber alleged to have been, in the years 1871 and 1872, wrongfully cut and removed by the defendants, and disposed of and converted to their own use, from eighty acres of land, being the east half of a quarter section, alleged to be the property of the plaintiffs.
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APPEAL from the Circuit Court for Wood County. This action was commenced May 20, 1876, to recover the value of pine timber alleged to have been, in the years 1871 and 1872, wrongfully cut and removed by the defendants, and disposed of and converted to their own use, from eighty acres of land, being the east half of a quarter section, alleged to be the property of the plaintiffs. The defendant Mosher, by separate answer, in addition to denials, alleged in effect that during the time mentioned the title and actual possession of the south forty of the eighty was in himself; and the defendant…
1Opinion of the CourtCassoday, J.
Section 32, ch. 22, Laws of 1859, now modified and embodied in section 1187, R. S., provided, among other things, that “no action shall be maintained by the grantee named . . . unless such grantee, or those claiming under him, shall have been in the actual and continual possession of said lands, claiming title under such deed, for three years previous to the expiration of five years next after the date of such deed.”
The findings of the jury clearly show that the plaintiffs were not in the actual or continued possession of the south forty during the three years mentioned, but, on the contrary,…
2Cases cited4 opinions
- Ingram v. RankinWisconsin Supreme Court · 1879
- Webber v. QuawWisconsin Supreme Court · 1879
- Wright v. E. E. Bolles Wooden Ware Co.Wisconsin Supreme Court · 1880
- Southmayd v. Watertown Fire InsuranceWisconsin Supreme Court · 1879
3Cited by10 opinions
- Smith v. SherryWisconsin Supreme Court · 1882
- Carey v. CagneySupreme Court of Louisiana · 1902
- Baker v. City of MadisonWisconsin Supreme Court · 1885
- McLimans v. City of LancasterWisconsin Supreme Court · 1885
- Brown v. BosworthWisconsin Supreme Court · 1883
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