Phœnix Lead Mining & Smelting Co. v. Sydnor
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Fayette County. In January, 1867, Sydnor and others (the defendants in this proceeding) commenced an action of ejectment in said circuit court against the Phoenix Lead Mining da Smelting Company and another, to recover possession of an undivided one-sixth of. certain land; the title to the remaining undivided five-sixths of the land being admitted to be in the defendants to that action.- The action was tried at the June term, 1870; the…
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APPEAL from the Circuit Court for La Fayette County. In January, 1867, Sydnor and others (the defendants in this proceeding) commenced an action of ejectment in said circuit court against the Phoenix Lead Mining da Smelting Company and another, to recover possession of an undivided one-sixth of. certain land; the title to the remaining undivided five-sixths of the land being admitted to be in the defendants to that action.- The action was tried at the June term, 1870; the plaintiffs therein had a verdict; a motion made for a new trial on the ground of alleged errors, was denied; and a…
1Opinion of the CourtCole, J.
The first question to be considered is, Do secs. 30, 31, 32 and 33, ch. 141, R. S., apply to actions brought to recover an undivided interest in land, so as to give a tenant in common, who has been defeated in an action to recover possession of such undivided interest, a claim against his cotenant for his improvements in whole or in part ? The question is fundamental in this case, and was not discussed upon the first argument. In our examination of the cause, we had some doubt whether the statute did not restrict the right to cases where there was a recovery of the possession of *610tbe whole…
2Cases cited2 opinions
- Davis v. LoukWisconsin Supreme Court · 1872
- Thomas v. ReweyWisconsin Supreme Court · 1874
3Cited by3 opinions
- Zwietusch v. WatkinsWisconsin Supreme Court · 1884
- Lombard v. Antioch CollegeWisconsin Supreme Court · 1884
- Hills v. LaporteWisconsin Supreme Court · 1876