Beggs v. Beggs
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wauhesha County. The pleadings in this case were the complaint, the answer, a reply, and separate demurrers by different defendants to the reply as not stating facts sufficient to constitute a defense to the matters alleged in the answer. On plaintiff’s motion, the court made an order “ overruling” the demurrers as frivolous, but with leave to defendants to demur anew, on.terms. Erom this order defendants appealed.
1Opinion of the Court
Cole, G. J.
We are inclined to hold the demurrers in this case frivolous within our decisions. The action is ejectment. The defendants answer the general denial; allege title in themselves by virtue of an actual occupancy and possession of the premises for more than ten years, under certain conveyances named, and in effect claim the statutory lien for permanent and valuable improvements made on the land, and for taxes paid thereon under a claim of title asserted in good faith. To these answers the plaintiff put in a reply, which contains a general denial of the allegations of the answer, and…
2Cases cited4 opinions
- Williams v. SextonWisconsin Supreme Court · 1865
- Cottrill v. CramerWisconsin Supreme Court · 1876
- Scott v. ReeseWisconsin Supreme Court · 1875
- Horton v. ArnoldWisconsin Supreme Court · 1863