Legal Opinion

Du Pont v. Davis

Wisconsin Supreme Court

Decided June 15, 1872PublishedCited by 8 opinions

APPEAL from the County Court of Milwaukee County. Ejectment. The complaint was entitled “County Court, Milwaukee County,” and alleged that the plaintiff had an estate in fee and was entitled to the possession of certain premises, described as follows: “ commencing in the east line of the southwest quarter of section thirty in township No. 7 north, of range twenty-two west in said county, at a point nine chains and forty links south of the northeast corner of said quarter…

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APPEAL from the County Court of Milwaukee County. Ejectment. The complaint was entitled “County Court, Milwaukee County,” and alleged that the plaintiff had an estate in fee and was entitled to the possession of certain premises, described as follows: “ commencing in the east line of the southwest quarter of section thirty in township No. 7 north, of range twenty-two west in said county, at a point nine chains and forty links south of the northeast corner of said quarter section, running thence south along said east line of said quarter section to the center line of Clybourne street produced…

1Opinion of the CourtCole, J.

We think the nonsuit in this case was improperly granted.

It is objected that the description of the premises, as given in the complaint, either shows that the land sought to be recovered was not within the jurisdiction of the court, or was so uncertain, that possession of it could not be delivered by the sheriff. The premises, as described in the complaint, were bounded as follows : “ Commencing in the east line of the southeast quarter of section thirty, in township No. 7 north, of range twenty-two west, in said county, at a point nine chains and forty links south of the northeast corner of…

2Cases cited1 opinion

  1. Gove v. WhiteWisconsin Supreme Court · 1866

3Cited by8 opinions

  1. Metropolitan Life Insurance v. LyonsIndiana Court of Appeals · 1912
  2. Fearnley v. FearnleySupreme Court of Colorado · 1908
  3. Hanley v. KraftczykWisconsin Supreme Court · 1903
  4. Clark v. CareyNebraska Supreme Court · 1894
  5. Parkinson v. McQuaidWisconsin Supreme Court · 1882

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