Wiesner v. Zaun
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Washmgton County. The action was brought to recover an undivided interest in certain lands situated in Washington county, and was tried by the court without a jury.
Read the full summary
APPEAL from tbe Circuit Court for Washmgton County. The action was brought to recover an undivided interest in certain lands situated in Washington county, and was tried by the court without a jury. The case, as it appears from the pleadings, evidence and findings of fact by the court, is as follows: The land in which the plaintiff claims such interest was purchased from the United States by one Ebenezer Jones, and, in the year 1846 was conveyed to Eosina Ahnert, the wife of Johann Gottlieb Ahnert. This conveyance names “Ebenezer Jones and Abigail Jones, his wife,” as the grantors, but was…
1Opinion of the CourtLyoN, J.
I. It seems to be conceded (and the fact doubtless is), that, from the death of Joliann Gottlieb Ahnert, in 1857, the possession by the defendant and his grantor of the land in controversy has been adverse to the claim of the plaintiff. The question discussed by the learned counsel is, whether the same was a possession under color of title, in favor of which the statute of limitations might run in ten years, or whether it comes under the limitation of twenty years applicable to cases in which the claim of title is not founded upon a written instrument purporting to he a conveyance of the land…
2Cases cited8 opinions
- Gilman v. . ReddingtonNew York Court of Appeals · 1861
- Ladd v. HildebrantWisconsin Supreme Court · 1870
- Woodbury v. ShacklefordWisconsin Supreme Court · 1865
- Perkins v. SimondsWisconsin Supreme Court · 1871
- Bauman v. GrubbsIndiana Supreme Court · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Charmley v. CharmleyWisconsin Supreme Court · 1905
- Barrett v. StradlWisconsin Supreme Court · 1889
- Banfield v. SchuldermanOregon Supreme Court · 1931
- Rountree v. DensonWisconsin Supreme Court · 1884
- Wescott v. UphamWisconsin Supreme Court · 1906
6 more not listed; retrieve them via the Exa API.