Pepper v. O'Dowd
Wisconsin Supreme Court
APPEAL from the Circuit Court for ’Iowa County. Ejectment, commenced in 1872, for one hundred and sixty acres of land in Iowa county.
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APPEAL from the Circuit Court for ’Iowa County. Ejectment, commenced in 1872, for one hundred and sixty acres of land in Iowa county. The answer alleged adverse possession under color of title for more than ten years, hy defendant and those under whom he claimed, and pleaded the statute of limitations. * On the trial,' defendant introduced a number of deeds through, which he traced his claim of title; but none of these appeared to connect him with the original government title shown by plaintiffs to have passed by patent to their ancestor, Harvey Pepper; and no acts of possession of the…
1Opinion of the CourtByaN, C. J.
This case involves tbe construction of secs. 6 and 7, cb. 138, E. S., and especially subdivisions 3 and 4 of sec. 7.
These sections were copied from'tbe New York revision of 1829, part 3, cb. 4, secs. 9 and 10, witb some verbal differences of no significance bere, except tbe substitution of ten years in sec. 6- for twenty in tbe New York statute. Here, as well as in New York, these sections clearly limit and define tbe entire rule of constructive adverse possession. All constructive adverse possession under tbe statute must come within some of tbe conditions which tbe statute gives. And, in…
2Cases cited10 opinions
- Stanley v. GadsbySupreme Court of the United States · 1836
- Sydnor v. PalmerWisconsin Supreme Court · 1871
- Du Pont v. DavisWisconsin Supreme Court · 1874
- Simpson & Isaacs v. DowningNew York Supreme Court · 1840
- Munro v. . MerchantNew York Court of Appeals · 1863
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Smith v. SherryWisconsin Supreme Court · 1882
- Reilly v. City of RacineWisconsin Supreme Court · 1881
- Childs v. NelsohWisconsin Supreme Court · 1887
- Allen v. AllenWisconsin Supreme Court · 1883
- Graeven v. DievesWisconsin Supreme Court · 1887
13 more not listed; retrieve them via the Exa API.