Clemens v. Clemens
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waulcesha County. This action was commenced in July, 1869. The original complaint, under which the trial was had, alleged, in substance, the following facts: 1. That on the 1st of March, 1848, plaintiff purchased of the United States the south half of a certain described quarter section of land in said county, containing eighty acres, and on the same day received a patent therefor; that he went into possession, and had been in the continued…
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APPEAL from the Circuit Court for Waulcesha County. This action was commenced in July, 1869. The original complaint, under which the trial was had, alleged, in substance, the following facts: 1. That on the 1st of March, 1848, plaintiff purchased of the United States the south half of a certain described quarter section of land in said county, containing eighty acres, and on the same day received a patent therefor; that he went into possession, and had been in the continued possession, use and occupation thereof from that time until the commencement of the action, and had made large and…
1Opinion of the CourtDixon, C. J.
The court below found as a fact that the issue in the former action by the plaintiff against the defendants, which was dismissed at the June term, 1869, of the circuit court for Waukesha county, on the ground that the statute of limitation had run against the claim of the plaintiff, was not the same as in this action, nor were the questions or matters therein adjudicated the same as presented„here. This finding was correct, as appears from the pleadings and judgment in the former action. No issue or question of fraud or mistake in inserting a description of the east or homestead forty acres…
2Cases cited17 opinions
- Nellis v. ClarkNew York Supreme Court · 1838
- Harvey v. VarneyMassachusetts Supreme Judicial Court · 1867
- Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
- Osborne v. MossNew York Supreme Court · 1810
- Hoeser v. KraekaTexas Supreme Court · 1867
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3Cited by45 opinions
- Evans v. CameronWisconsin Supreme Court · 1985
- Severance v. Knight-Counihan Co.California Supreme Court · 1947
- Jones v. Hyatt Legal Services (In Re Dow)United States Bankruptcy Court, S.D. Ohio · 1991
- Bradtfeldt v. CookeOregon Supreme Court · 1895
- Baird v. HowisonSupreme Court of Alabama · 1908
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