Baldwin v. Ely
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathon County. The case is thus stated by Mr. Justice Cassoday: “ This is an action of ejectment for 400 acres of land, particularly described in the findings of the court. The complaint is in the form prescribed by sec. 3011, R. S., and alleged that the plaintiff was the owner in fee simple, and entitled to the immediate possession.
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APPEAL from the Circuit Court for Marathon County. The case is thus stated by Mr. Justice Cassoday: “ This is an action of ejectment for 400 acres of land, particularly described in the findings of the court. The complaint is in the form prescribed by sec. 3011, R. S., and alleged that the plaintiff was the owner in fee simple, and entitled to the immediate possession. “The defendants answered that the lands described in plaintiff’s complaint were, by the several authorized officers of the several towns of Marathon county in which said lands lie, returned as delinquent for the nonpayment of…
1Opinion of the CourtOassoday, J.
This is an action of ejectment. The bringing of it was a confession that the plaintiff -was not in possession. It was, moreover, a confession that the defendants were in the actual or constructive possession. Without such possession in the defendants, or some of them, the action could not be maintained. In such an action, the plaintiff must recover, if at all, upon the strength of his own title, and not on the weakness of the defendant’s title. It is an action to try the title and right to the possession of land. More accurately, it is an action to determine the plaintiff’s title, and his…
2Cases cited9 opinions
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Smith v. SherryWisconsin Supreme Court · 1882
- Eaton v. Supervisors of Manitowoc CountyWisconsin Supreme Court · 1878
- Hewitt v. WeekWisconsin Supreme Court · 1884
- Marshall v. McDanielCourt of Appeals of Kentucky · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Muirhead v. SandsMichigan Supreme Court · 1897
- Blakemore v. CooperNorth Dakota Supreme Court · 1905
- Stone v. Little Yellow Drainage DistrictWisconsin Supreme Court · 1903
- Meggett v. City of Eau ClaireWisconsin Supreme Court · 1892
- Semple v. WhortonWisconsin Supreme Court · 1887
7 more not listed; retrieve them via the Exa API.