Burrows v. Rutledge
Wisconsin Supreme Court
APPEAL from, the Circuit Court for Price County. The substance of the complaint'is stated in the opinion. The plaintiff appeals from orders sustaining a demurrer to the complaint interposed by the defendant Anderson and a separate demurrer interposed by the defendants Butledge, Birinyple, and McKinzie. to the point that the action was properly brought on the .equity side of the court, cited Johnson v. Towsley, 13 Wall. 72; French v. Fyan, 93 U. S. 169; Fhrhardt v. Hogaboom,…
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APPEAL from, the Circuit Court for Price County. The substance of the complaint'is stated in the opinion. The plaintiff appeals from orders sustaining a demurrer to the complaint interposed by the defendant Anderson and a separate demurrer interposed by the defendants Butledge, Birinyple, and McKinzie. to the point that the action was properly brought on the .equity side of the court, cited Johnson v. Towsley, 13 Wall. 72; French v. Fyan, 93 U. S. 169; Fhrhardt v. Hogaboom, llo id. 67; Gough v. Dorsey, 27 Wis. 119; State ex rel. Anderson v. Timme, 70 id. 627; Sanford v. Sanford, 13 Pac. Eep.…
1Opinion of the CourtColts, C. J.
The plaintiff in this case claims to be the owner of the land in controversy by virtue of a junior patent issued by the school land commissioners. It appears from the complaint that the defendant Anderson makes claim to the same land under a prior patent issued to him by such commissioners. The facts stated clearly show that Anderson procured his patent through fraud and false affidavits as to the character of the land and of his occupancy and improvements made on the same. It is alleged that the land was not agricultural, or suitable for agricultural purposes, and that Anderson knew this…
2Cases cited3 opinions
- Crocker v. BellangeeWisconsin Supreme Court · 1858
- Gough v. DorseyWisconsin Supreme Court · 1870
- Gunderson v. CookWisconsin Supreme Court · 1873
3Cited by7 opinions
- Post v. CampbellWisconsin Supreme Court · 1901
- Swihart v. HarlessWisconsin Supreme Court · 1896
- Gibson v. GibsonWisconsin Supreme Court · 1899
- Steinberg v. SaltzmanWisconsin Supreme Court · 1907
- Suring v. RollmanWisconsin Supreme Court · 1911
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