Allis v. Field
Wisconsin Supreme Court
Appeal from a judgment of tbe superior court of Milwaukee county: B. N. AustiN, Judge. This was an action to recover so much of lots 1 and 2 in block 107 in the Seventh ward of the city of Milwaukee as lies east of a line drawn across said lots, beginning at the southwest corner of. the north and south fence across said lot 2 in the rear of the house formerly occupied by Emily 5. Brown, on said lot; thence running north, along said fence and parallel to the west line of said…
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Appeal from a judgment of tbe superior court of Milwaukee county: B. N. AustiN, Judge. This was an action to recover so much of lots 1 and 2 in block 107 in the Seventh ward of the city of Milwaukee as lies east of a line drawn across said lots, beginning at the southwest corner of. the north and south fence across said lot 2 in the rear of the house formerly occupied by Emily 5. Brown, on said lot; thence running north, along said fence and parallel to the west line of said lots 1 and 2, to Martin street. The answer consists of a general denial, and sets up title by adverse entry and…
1Opinion of the CourtPiNNey, J.
The evidence wholly fails to satisfactorily show that the alleged adverse possession, originating, as it is claimed, when Brown entered under his deed for the lots in question except the west eighty feet thereof,’was continuous for a period of twenty years. Evidence of adverse possession is always to be construed strictly, and every presumption is to be made in favor of the true owner. It is not to be made out by inference, but by clear and positive proof, and one in possession of land to which he has no claim of title is presumed to be in possession in amity with and subservience to the…
2Cases cited8 opinions
- Sydnor v. PalmerWisconsin Supreme Court · 1871
- Bliss v. . JohnsonNew York Court of Appeals · 1883
- Graeven v. DievesWisconsin Supreme Court · 1887
- Ayers v. ReidelWisconsin Supreme Court · 1893
- Hacker v. HorlemusWisconsin Supreme Court · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
- Sheldon v. Michigan Central RailroadMichigan Supreme Court · 1910
- Maine v. SturgisSupreme Judicial Court of Maine · 1912
- Perpignani v. VonasekWisconsin Supreme Court · 1987
- Ryan v. SchwartzWisconsin Supreme Court · 1896
2 more not listed; retrieve them via the Exa API.