Riha v. Pelnar
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kewaunee County. Trespass action, commenced in justice’s court and removed to the circuit court upon plea of title. The premises in dispute are a - half acre of land in a square form in the N. W. corner of the W. -£ of the N. W. \ of section No. 21, township 22, range 24, in Kewaunee county.
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APPEAL from the Circuit Court for Kewaunee County. Trespass action, commenced in justice’s court and removed to the circuit court upon plea of title. The premises in dispute are a - half acre of land in a square form in the N. W. corner of the W. -£ of the N. W. \ of section No. 21, township 22, range 24, in Kewaunee county. It appeared on the trial that one Erancis Shimmel was the original owner of the above-described eighty acres, including the half acre in dispute, and that both parties claim title under him. On the 29th day of March, 1864, Francis Shimmel and wife conveyed the said eighty…
1Opinion of the CourtWiNslow, J.
The paper title to the half acre in dispute was admittedly in the defendant under the deed of "Wenzel Shimmel to Simon Peinar, of date October 13, 1859. It is equally clear that the actual possession of the premises has. been in the plaintiff and his grantors since on and prior to the execution of the Peinar deed.' The circuit court found that this possession was not adverse, but was in subordination to the true title, and consequently that the defendant committed no trespass in entering upon the premises. This question of the nature of the plaintiff’s possession, whether adverse or not, is…
2Cases cited4 opinions
- Schwallback v. Chicago, Milwaueee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
- Allen v. AllenWisconsin Supreme Court · 1883
- Lego v. MedleyWisconsin Supreme Court · 1891
- Dolan v. TrelevanWisconsin Supreme Court · 1872
3Cited by8 opinions
- Mendota Club v. AndersonWisconsin Supreme Court · 1899
- Estate of JavornikWisconsin Supreme Court · 1967
- Cohn v. PlassSupreme Court of New Jersey · 1915
- Sokaogon Chippewa Community v. Exxon Corp.District Court, E.D. Wisconsin · 1992
- Mitchell v. NicholsonNorth Dakota Supreme Court · 1942
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