Perkins v. Perkins
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Claire county: James Wickham, Circuit Judge. Ejectment.' On January 7, 1891, John I. Brougham was the owner of the land described in the complaint and on that day died intestate, leaving the following heirs: Della Brougham, daughter, now Della Perkins, aged twenty-eight years; Fred Brougham, son, aged twenty years; Kate Brougham, daughter, now Kate Perkins, aged eighteen years; John Brougham, son,'aged fifteen years; Mary…
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Appeal from a judgment of the circuit court for Eau Claire county: James Wickham, Circuit Judge. Ejectment.' On January 7, 1891, John I. Brougham was the owner of the land described in the complaint and on that day died intestate, leaving the following heirs: Della Brougham, daughter, now Della Perkins, aged twenty-eight years; Fred Brougham, son, aged twenty years; Kate Brougham, daughter, now Kate Perkins, aged eighteen years; John Brougham, son,'aged fifteen years; Mary Brougham, now Mary Jones, aged thirteen years; Clarence Brougham, son, aged nine years, who died January 2, 1901, leaving…
1Opinion of the Court
The following opinion was filed December 14, 1920:
Rosenberry, J.
The pivotal question in this case is whether or not the defendant was divested of his title under and by virtue of the tax deed by the possession of the plaintiffs.
All reasonable presumptions are to be made in favor of the true owners,- including, the presumption that actual possession is subordinate to the right of the true owner, subject, however, to the limitation that actual, continuous, exclusive possession for the statutory period, unexplained, displaces a presumption in favor of the true owner and creates a presumption of…
2Cases cited13 opinions
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
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- Allen v. AllenWisconsin Supreme Court · 1883
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