Wisconsin River Land Co. v. Paine Lumber Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Langlade county: John Goodland, Circuit Judge. This is an appeal from an order overruling the demurrer to the complaint, alleging in effect that during the times mentioned the plaintiff and the defendant were, respectively, corporations duly organized under the laws of this state, and that the plaintiff is the owner of and has an estate in fee simple in and to, and is entitled to the possession of, the premises therein described,…
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Appeal from an order of the circuit court for Langlade county: John Goodland, Circuit Judge. This is an appeal from an order overruling the demurrer to the complaint, alleging in effect that during the times mentioned the plaintiff and the defendant were, respectively, corporations duly organized under the laws of this state, and that the plaintiff is the owner of and has an estate in fee simple in and to, and is entitled to the possession of, the premises therein described, situated in Langlade county. The plaintiff's title is based in part on, and derived from, the several tax deeds therein…
1Opinion of the CourtCassoday, C. J.
1. Eour grounds of demurrer are stated. Only two of them are discussed by counsel. One of tbe grounds so discussed is that tbe complaint does not state facts sufficient to- constitute a cause of action. Tbe statute prescribes what must be alleged in a complaint in an action of *396ejectment. It must “set forth that the plaintiff has an estate or interest in the premises claimed/’ and “particularly state the nature and extent of such estate or interest, whether in fee/’ etc., “and that the defendant unlawfully withholds the possession thereof, from him, to his damage such sum as he claims.” Sec.…
2Cases cited12 opinions
- Knox v. ClevelandWisconsin Supreme Court · 1860
- Sprecker v. WakeleyWisconsin Supreme Court · 1860
- Gates v. ParmlyWisconsin Supreme Court · 1896
- Lawrence v. KenneyWisconsin Supreme Court · 1873
- Lindsay v. FayWisconsin Supreme Court · 1871
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Cole v. Van OstrandWisconsin Supreme Court · 1907
- Van Ostrand v. ColeWisconsin Supreme Court · 1907
- Illinois Steel Co. v. KohnkeWisconsin Supreme Court · 1912
- July v. AdamsWisconsin Supreme Court · 1922