Gough v. Dorsey
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. Ejectment, for 120 acres of land. The answer set up certain facts to show that plaintiff had obtained a patent of the- land from the School Land Commissioners, hut that defendant had previously made a valid purchase of the land from said commissioners, which they had subsequently attempted, without authority, to cancel; and it demanded judgment that the plaintiff release and convey to defendant all claim to said land, etc.
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APPEAL from the Circuit Court for Brown County. Ejectment, for 120 acres of land. The answer set up certain facts to show that plaintiff had obtained a patent of the- land from the School Land Commissioners, hut that defendant had previously made a valid purchase of the land from said commissioners, which they had subsequently attempted, without authority, to cancel; and it demanded judgment that the plaintiff release and convey to defendant all claim to said land, etc. Reply in denial, and alleging an agreement by defendant to surrender possession of the land upon payment to him of a certain…
1Opinion of the CourtDixon, C. J.
The turning point in this case, and fatal objection to the plaintiff’s title, as it appears to us, is the want of the written application required by law to be produced to the secretary of state by every purchaser at private sale of any school or university lands. R. S. ch. 28, § 35. This is the first step in procuring such title, and the foundation of it, wherever the rights of third parties intervene. It is indispensable to its validity, as has more than once been decided by this court. State v. Janssen, 2 Wis. 423; Mariner v. Gray, 4 Wis. 380. The proof is very clear and positive that no…
2Cases cited5 opinions
- Veeder v. GuppyWisconsin Supreme Court · 1854
- Smith v. MarinerWisconsin Supreme Court · 1856
- State ex rel. Mariner v. GrayWisconsin Supreme Court · 1856
- State ex rel. Delaplaine v. JanssenWisconsin Supreme Court · 1853
- State ex rel. McIndoe v. JonesWisconsin Supreme Court · 1858
3Cited by12 opinions
- Platter v. Board of CommissionersIndiana Supreme Court · 1885
- Styles v. TylerSupreme Court of Connecticut · 1894
- Wisconsin Industrial School for Girls v. Clark CountyWisconsin Supreme Court · 1899
- State v. LloydWisconsin Supreme Court · 1913
- Pharr v. Nashville, C. & St. L. Ry.Tennessee Supreme Court · 1948
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