Strain v. Gardner
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marquette County. The case is stated in the opinion. There was a verdict in favor of the plaintiff, and from the judgment entered thereon the defendant appealed. contended, inter alia, that as it is undisputed that the plaintiff never had possession of the property in dispute, and there is no pretense that at any time the defendant took possession from her, the defendant is not estopped to question her title or right to the possession, even…
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APPEAL from the Circuit Court for Marquette County. The case is stated in the opinion. There was a verdict in favor of the plaintiff, and from the judgment entered thereon the defendant appealed. contended, inter alia, that as it is undisputed that the plaintiff never had possession of the property in dispute, and there is no pretense that at any time the defendant took possession from her, the defendant is not estopped to question her title or right to the possession, even if the relation of landlord and tenant did exist between them. 1 Washb. on E. P. 358; 3 id. 463; Herman on Estoppel,…
1Opinion of the CourtObton, J.
This is an action, under the forcible entry and unlawful detainer statute, to remove the defendant from the possession of certain lands after the time fixed in the lease or agreement for his occupancy thereof had expired. The complaint sets out the following lease under seal:
“Articles of agreement made and concluded this 7th day of July, 1882, by and between Sarah Strain, of Oxford, Marquette county, state of Wisconsin, party of the first part, and JS. M. Gardner, party of the second part, of the same town, county, and state aforesaid: Witnesseth, that the party of the first part does hereby…
2Cases cited16 opinions
- Alwood v. RuckmanIllinois Supreme Court · 1859
- Stewart v. DoughtyNew York Supreme Court · 1812
- Fry v. JonesSupreme Court of Pennsylvania · 1829
- Aiken v. SmithSupreme Court of Vermont · 1849
- Larkin v. TaylorSupreme Court of Kansas · 1870
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3Cited by17 opinions
- Merrill v. Travelers' Insurance Co.Wisconsin Supreme Court · 1895
- Rowlands v. VoechtingWisconsin Supreme Court · 1902
- Newton v. LearyWisconsin Supreme Court · 1885
- Kelly v. RummerfieldWisconsin Supreme Court · 1903
- Wagner v. ButtlesWisconsin Supreme Court · 1912
12 more not listed; retrieve them via the Exa API.