Yager v. Larsen
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Ejectment, for an undivided two-thirds of two acres of land, part of'a certain fractional lot two; the boundaries of which part are described as commencing at the southwest corner of said fractional lot, thence running north along Wolf river 240 feet, thence east 350 feet to a certain fixed point, thence south 240 feet, thence west to the place of beginning.
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APPEAL from the Circuit Court for Winnebago County. Ejectment, for an undivided two-thirds of two acres of land, part of'a certain fractional lot two; the boundaries of which part are described as commencing at the southwest corner of said fractional lot, thence running north along Wolf river 240 feet, thence east 350 feet to a certain fixed point, thence south 240 feet, thence west to the place of beginning. The complaint, after duly averring ownership, etc., in the plaintiff, alleges that on the 16th of October, 1866, he was ousted by the defendant Johanna Larsen, who has since held and…
1Opinion of the CourtPaine, J.
We find no evidence either prior or subsequent to the motion for a nonsuit, to show any ouster by the defendant Johanna Larsen. There is nothing to- show that she ever did anything herself, or authorized anything to be done, in respect to taking or holding possession of the disputed land. As we understand the evidence, it does not appear that the tax deed to her includes this land; so that the recording of that deed did not amount to any assertion of title by her to the portion here claimed by the plaintiff. There is nothing else connecting her in the remotest degree with the ouster, if there…
2Cited by2 opinions
- Selden v. StateWisconsin Supreme Court · 1889
- Smith v. MerrillWisconsin Supreme Court · 1890