Thomas v. Rewey
Wisconsin Supreme Court
APPEAR from the Circuit Court for Grant County. Bewey brought an action of ejectment against Thomas and Cleary, to recover certain lands in Grant county. The action was tried at the September term of the circuit court for that county, 1872, and resulted in a verdict for the plaintiff, upon which judgment was entered, and execution thereon awarded.
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APPEAR from the Circuit Court for Grant County. Bewey brought an action of ejectment against Thomas and Cleary, to recover certain lands in Grant county. The action was tried at the September term of the circuit court for that county, 1872, and resulted in a verdict for the plaintiff, upon which judgment was entered, and execution thereon awarded. At the March term of the court, 1878, on motion of Thomas and Cleary, and against Rewey's objection, the court ordered an issue to be made up to determine the value of improvements claimed to have been made by the former upon the lands in question.…
1Opinion of the CourtRyan, C. J.
The controlling question in this case arises upon the construction of secs. 30, 31 and 32, ch. 141, R. S., as to the time when a defendant in ejectment can avail himself of the provision of sec. 31 in his favor.
Sec. 30 provides that, in the cases specified, if the jury find for the plaintiff, an execution shall be awarded by the court, provided no improvements shall have been made by the defendant on the land.
Sec. 31 provides, that if the defendant against whom such a verdict may be found, shall claim that he has made such improvements, the court shall cause an issue to be made up forthwith,…
2Cases cited2 opinions
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