Legal Opinion

Ovig v. Morrison

Wisconsin Supreme Court

Decided March 15, 1910PublishedCited by 24 opinions

Appeal from a judgment of tbe circuit court for Eau Claire county: James O’Neill, Circuit Judge. Action in ejectment. Tbe defendants, among other things, pleaded title in defendant Fannie H. Morrison by adverse possession, under tbe twenty-year statute.

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Appeal from a judgment of tbe circuit court for Eau Claire county: James O’Neill, Circuit Judge. Action in ejectment. Tbe defendants, among other things, pleaded title in defendant Fannie H. Morrison by adverse possession, under tbe twenty-year statute. There was proof that plaintiff bad paper title to the south forty-six and one-fourth feet of the platted lot in question, but that her occupancy had only been up to the south side of a narrow strip of irregular width, averaging about four feet, sought to be recovered in this action. On the north side of that part of the lot occupied by…

1Opinion of the CourtMaRShalu, J.

Counsel for appellant claim, in the main, that the judgment should be reversed, because (1) possession in respondent Morrison?s chain of title was not continuous during a twenty-year period creating ownership by adverse possession; that the occupancy was mostly by tenants and there were periods when the house on the premises was vacant; (2) respondent’s possession, to the extent of the premises in dispute, beyond the calls of her paper title, was referable to mistake of boundaries, without intent to claim beyond the line described in her deed.

1. The first point may well be passed over…

2Cases cited6 opinions

  1. Illinois Steel Co. v. BilotWisconsin Supreme Court · 1901
  2. Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
  3. Clithero v. FennerWisconsin Supreme Court · 1904
  4. Bishop v. BleyerWisconsin Supreme Court · 1900
  5. Pitman v. HillWisconsin Supreme Court · 1903

1 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. City of Rock Springs v. SturmWyoming Supreme Court · 1929
  2. Schiro v. Oriental Realty Co.Wisconsin Supreme Court · 1956
  3. Burkhardt v. SmithWisconsin Supreme Court · 1962
  4. Bruch v. Benedict Barnes Bros.Wyoming Supreme Court · 1946
  5. Allie v. RussoWisconsin Supreme Court · 1979

19 more not listed; retrieve them via the Exa API.

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