Lain v. Shepardson
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Baome County. Ejectment. The complaint merely avers, that plaintiff is owner in fee, and as such entitled to possession of the premises, and that defendant unlawfully withholds the possession thereof.
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APPEAL from tbe Circuit Court for Baome County. Ejectment. The complaint merely avers, that plaintiff is owner in fee, and as such entitled to possession of the premises, and that defendant unlawfully withholds the possession thereof. The answer of Shepardson contains : 1. A general denial. 2. An averment that said defendant is sole owner of the premises, and has been since 1889, and the other defendants are his tenants; that plaintiff has heretofore instituted an action against him in the same court to recover possession of the same premises, and annexed to his complaint a copy of a certain…
1Opinion of the CourtPaute, J.
We cannot consider the question whether the verdict was against the evidence, which was argued and relied *228on by tbe counsel for the appellant, for the reason that there is no statement in the bill of exceptions that it contains all the evidence.
Neither was there any error in admitting evidence of the payment of the tax, on the sale for which the plaintiff’s title was based, without having pleaded such payment in the answer. The complaint in an action to recover real estate is general. It does not set forth tbe plaintiff’s title, but simply alleges ownership and a right to the possession.…
2Cases cited1 opinion
- State ex rel. White v. WinnWisconsin Supreme Court · 1865
3Cited by10 opinions
- Orton v. NoonanWisconsin Supreme Court · 1870
- Mather v. HutchinsonWisconsin Supreme Court · 1869
- Staley v. HouselNebraska Supreme Court · 1892
- Mauldin v. BallMontana Supreme Court · 1883
- Hoffman v. ParryMissouri Court of Appeals · 1886
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