Evans v. Enloe
Wisconsin Supreme Court
APPEAL from the Circuit Court for Hook County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an action of ejectment [commenced August 25, 1884] to recover 220 acres of land described. The complaint is in the statutory form. At first the answer was merely a general denial. Upon the trial of that issue, there was a verdict and judgment in favor of the plaintiff for the ejectment of the defendants and six cents damages and costs.
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APPEAL from the Circuit Court for Hook County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an action of ejectment [commenced August 25, 1884] to recover 220 acres of land described. The complaint is in the statutory form. At first the answer was merely a general denial. Upon the trial of that issue, there was a verdict and judgment in favor of the plaintiff for the ejectment of the defendants and six cents damages and costs. That judgment was affirmed by this court. 64 Wis. 671. The defendants thereupon paid the costs, and gave the requisite bond for a…
1Opinion
The appellants moved for a rehearing. The following opinion was filed January 10, 1888:
Oassoday, J.
The plaintiff’s title was conclusively established. This carried with it the right to the possession, unless defeated by some agreement or special circumstances. The several defenses and equitable counterclaims set up in the answer were each disproved or failed for want' of proof. True, as stated in the opinions filed, it appears on the plaintiff’s own showing that Enoch Enloe remained in possession as tenant of Hodges after January 11,1813. The defendants, in their answer, claim the right to…
2Cases cited2 opinions
- Winterfield v. StaussWisconsin Supreme Court · 1869
- Leonard v. BurgessWisconsin Supreme Court · 1862