Ingles v. Patterson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. Ejectment. The answer alleges that in January, 1857, plaintiff, being then the owner of the land described in his complaint, sold and delivered possession thereof to defendant; that defendant then entered into and has ever since remained in possession of the premises, and has made considerable improvements thereon; and that he presented to the plaintiff a deed of said premises, requesting him to execute and deliver the…
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APPEAL from the Circuit Court for Fond du Lac County. Ejectment. The answer alleges that in January, 1857, plaintiff, being then the owner of the land described in his complaint, sold and delivered possession thereof to defendant; that defendant then entered into and has ever since remained in possession of the premises, and has made considerable improvements thereon; and that he presented to the plaintiff a deed of said premises, requesting him to execute and deliver the same to himself, in pursuance of their contract, which plaintiff refused to do. Judgment is therefore demanded, that…
1Opinion of the CourtCole, J.
The questions arising upon the defendant’s counterclaim are almost all questions of fact. In defense of the ejectment, and as a ground for affirmative relief, he states' in the answer, in substance, that in the year 1857 he made a parol contract with the plaintiff for the purchase of the strip of land in controversy; paid the consideration money in full; entered into possession of the premises under the contract; has ever since possessed the same as owner; and has made valuable improvements thereon.
The circuit court found that these allegations in the answer were true, and sustained by the…
2Cases cited2 opinions
- Blanchard v. McDougalWisconsin Supreme Court · 1858
- Murphy v. DunningWisconsin Supreme Court · 1872
3Cited by7 opinions
- Harney v. BurhansWisconsin Supreme Court · 1895
- Henrikson v. HenriksonWisconsin Supreme Court · 1910
- Kenny v. McKenzieSouth Dakota Supreme Court · 1910
- Littlefield v. LittlefieldWisconsin Supreme Court · 1881
- Suessenbach v. First Nat. BankSupreme Court Of The Territory Of Dakota · 1889
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