Deery v. McClintock
Wisconsin Supreme Court
APPEAL from the Circuit Court for LaFayette County. Action for the partition of real estate situate iu said county, commenced March 2, 1870. The complaint is in the usual form, the plaintiff alleging that he is seized in fee simple oi the equal undivided one half of the premises sought to he partitioned, and the defendant McClintock of the other undivided half, subject to an equitable right of Hill, the other defendant.
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APPEAL from the Circuit Court for LaFayette County. Action for the partition of real estate situate iu said county, commenced March 2, 1870. The complaint is in the usual form, the plaintiff alleging that he is seized in fee simple oi the equal undivided one half of the premises sought to he partitioned, and the defendant McClintock of the other undivided half, subject to an equitable right of Hill, the other defendant. The defendants answered separately, the defendant Hill disclaiming any interest whatever in the premises. The defendant McClintocJc denied all the allegations of the…
1Opinion of the Court
Dixon, O. J.
This is an action for partition, which is resisted upon the ground that the plaintiff has no title, and that the defendant McClintock is the owner of the whole land. The answer of that defendant denies the title of the plaintiff, and that was the sole question litigated at the trial. The title asserted by the plaintiff is a purely legal one, claimed under a tax deed, whilst the defendant claims to be the owner in virtue of the original or government title. Possession of the land was claimed by both parties, at and for some years prior to the commencement of the action, but the…
2Cases cited7 opinions
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