Legal Opinion

Closuit v. John Arpin Lumber Co.

Wisconsin Supreme Court

Decided January 8, 1907PublishedCited by 12 opinions

Appeal from a judgment of tbe circuit court for Wood county: Chas. M. Webb, Circuit Judge. Action in ejectment to recover premises described in tbe complaint as lot 5 of subdivision of fractional lot 7 of section 8, township 22 north and range 6 east, according to Sargent’s plat of tbe city of Grand Eapids, containing about two and one-half acres.

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Appeal from a judgment of tbe circuit court for Wood county: Chas. M. Webb, Circuit Judge. Action in ejectment to recover premises described in tbe complaint as lot 5 of subdivision of fractional lot 7 of section 8, township 22 north and range 6 east, according to Sargent’s plat of tbe city of Grand Eapids, containing about two and one-half acres. Defense was general denial and pleas of tbe ten and twenty years’ statutes of limitation, based upon alleged possession by tbe defendant and its predecessors in title up.to tbe time of commencing suit. It appeared that there were two government lots…

1Opinion of the CourtDodge, J.

The conclusion reached by the court upon certain of the issues of fact raised by the pleadings is so conclusive of the action as to render unnecessary of consideration several of the other questions, whether of fact or law.

The answer alleges that the defendant and its grantors have been in continuous, open possession under claim of title exclusive of any other right, and now own the premises by virtue of sec. 4213, Stats. 1898; also that the action was not commenced within the time limited by sec. 4207, Stats. 1898. By this last allegation is presented the issue of fact whether plaintiffs or…

2Cases cited10 opinions

  1. Chippewa Bridge Co. v. City of DurandWisconsin Supreme Court · 1904
  2. Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
  3. Meyer v. HopeWisconsin Supreme Court · 1898
  4. Farmer v. St. Croix Power Co.Wisconsin Supreme Court · 1903
  5. Brown v. GriswoldWisconsin Supreme Court · 1901

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3Cited by12 opinions

  1. Illinois Steel Co. v. PaczochaWisconsin Supreme Court · 1909
  2. Steven v. Hale-Haas Corp.Wisconsin Supreme Court · 1946
  3. Perpignani v. VonasekWisconsin Supreme Court · 1987
  4. Wallis v. First National Bank of RacineWisconsin Supreme Court · 1914
  5. Damman v. DammanWisconsin Supreme Court · 1911

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