Legal Opinion

Whitney v. Robinson

Wisconsin Supreme Court

Decided November 3, 1881PublishedCited by 19 opinions

APPEAL from the Circuit Court for Green lal&e County. Ejectment, for land in said county, described as commencing at the southeast corner of the W. of the S. W. J- of section 14 in township 14 north, of range 13 east, and running thence west 11|- rods; thence north 10 rods; thence east ll-J rods; and thence south 10 rods to the place of beginning, containing 115 square rods of land'. The cause was tried by the court without a jury.

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APPEAL from the Circuit Court for Green lal&e County. Ejectment, for land in said county, described as commencing at the southeast corner of the W. of the S. W. J- of section 14 in township 14 north, of range 13 east, and running thence west 11|- rods; thence north 10 rods; thence east ll-J rods; and thence south 10 rods to the place of beginning, containing 115 square rods of land'. The cause was tried by the court without a jury. It was admitted by both parties that in 1863 William M. Butler was the owner in fee of the premises in question. It also apj)eared that on the 16th of November,…

1Opinion of the CourtCassoday, J.

The plaintiffs claim to the title of the land in question is based upon the sheriffs deed of December 20, 1879, given on the foreclosure of the mortgage executed by Butler March 23, 1874. It is conceded that neither of the churches, nor any of their trustees named in the lease given by Butler to them November 16, 1863, were parties to that *314foreclosure. .This being so, and the fact appearing, as it does, that at the time of the execution of the mortgage there was a building upon the premises in question, in the possession, and occupancy of said societies and their trustees, under the lease, as…

2Cases cited15 opinions

  1. Parish v. . WheelerNew York Court of Appeals · 1860
  2. Dutchess Cotton Manufactory v. DavisNew York Supreme Court · 1817
  3. Emigrant Industrial Savings Bank v. . GoldmanNew York Court of Appeals · 1878
  4. Messer v. OestreichWisconsin Supreme Court · 1881
  5. Tallman v. ElyWisconsin Supreme Court · 1858

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3Cited by19 opinions

  1. Docter v. HellbergWisconsin Supreme Court · 1886
  2. McMillan v. WehleWisconsin Supreme Court · 1882
  3. Gifford v. StraubWisconsin Supreme Court · 1920
  4. Meade v. GilfoyleWisconsin Supreme Court · 1885
  5. Elofrson v. LindsayWisconsin Supreme Court · 1895

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