Conklin v. Hawthorn
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Outagamie County. Action by tbe patentee of certain swamp lands, to recover damages for trespasses committed tbereon previous to tbe date of Ms patent, brought under tbe provisions of chapter 520, Laws of 1865. The case sufficiently appears in the opinion of the court. From a judgment for the plaintiff the defendants appeal.
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APPEAL from tbe Circuit Court for Outagamie County. Action by tbe patentee of certain swamp lands, to recover damages for trespasses committed tbereon previous to tbe date of Ms patent, brought under tbe provisions of chapter 520, Laws of 1865. The case sufficiently appears in the opinion of the court. From a judgment for the plaintiff the defendants appeal. Previous to the passage of chap. 520, Laws of 1865, the plaintiff’s'patent would not have been competent evidence in an action for a trespass committed prior to its date. Pratt, v. Potter, 21 Barb., 589 ; Case v. PeGoes, 3 Caines, 261;…
1Opinion of the CourtLyon, J.
This action is to recover damages for the cutting and carrying away of a quantity of timber by the defendants, from lands of the plaintiff. These were swamp lands, were conveyed to the plaintiff by the state, and the patent therefor is dated January 18th, 1871. The timber in question was so cut and taken away during the winter of 1869-70.
The action was brought under the provision of chap. 620, Laws of 1865. The portion of that act which is applicable to the case is as follows: “ Any person who shall - hereafter enter and receive a patent for any school, university, swamp or other state land,…
2Cited by7 opinions
- Black River Improvement Co. v. La Crosse Booming & Transportation Co.Wisconsin Supreme Court · 1882
- State v. EmmertSupreme Court of Kansas · 1878
- Baldwin v. ElyWisconsin Supreme Court · 1886
- Robertson v. LowOregon Supreme Court · 1904
- Collins v. BreenWisconsin Supreme Court · 1890
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