Illinois Steel Co. v. Budzisz
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. H. JohNSON, Circuit Judge. Action of ejectment. The subject of the controversy was an irregular piece of land about 40 feet wide by 170 feet long, defined, as to boundaries, by actual possession by the defendant. The complaint was in the usual form. The only material issues presented by the answer, originally, were raised by a general denial.
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Appeal from a judgment of the circuit court for Milwaukee county: D. H. JohNSON, Circuit Judge. Action of ejectment. The subject of the controversy was an irregular piece of land about 40 feet wide by 170 feet long, defined, as to boundaries, by actual possession by the defendant. The complaint was in the usual form. The only material issues presented by the answer, originally, were raised by a general denial. The case was brought to trial on the part of defendants by attorneys substituted for the one who interposed the answer, some twenty-one months having elapsed since the action was…
1Opinion of the Court
The following opinion was filed February 27, 1900:
Maeshall, J.
Two questions are presented for consideration : (1) Did the trial court err in alio wing the amendment pleading title by adverse possession? (2) Did the possession of the second occupant, under the circumstances, continue the possession of his predecessor so as to satisfy the statutory call for an uninterrupted twenty years’ continuous adverse possession?
1. Sec. 2830, Stats. 1898, says': “ The court may, upon the trial ... . in furtherance of justice and upon such terms as may be just, amend any pleading ... by correcting ... a…
2Cases cited34 opinions
- Hart v. MoultonWisconsin Supreme Court · 1899
- Dothard v. DensonSupreme Court of Alabama · 1882
- Crispen v. HannavanSupreme Court of Missouri · 1872
- Low v. SchafferOregon Supreme Court · 1893
- Meyer v. HopeWisconsin Supreme Court · 1898
29 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Belotti v. . BickhardtNew York Court of Appeals · 1920
- Illinois Steel Co. v. BilotWisconsin Supreme Court · 1901
- Archuleta v. PinaNew Mexico Supreme Court · 1974
- Vermont Marble Co. v. EastmanSupreme Court of Vermont · 1917
- Gilman v. BrownWisconsin Supreme Court · 1902
54 more not listed; retrieve them via the Exa API.