Moore v. Smead
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Fond du Lac county: N. S. GilsoN, Circuit Judge. On May 12, 1858, Robert A. Raker obtained the legal title, by deed of conveyance duly witnessed, acknowledged, and recorded, to a part of two certain lots in the city of Fond du Lac,— less than one quarter of an acre,-— and thereupon went into the possession and occupancy of the same, with his family, and occupied the same as a homestead.
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Appeal from a judgment of the circuit court for Fond du Lac county: N. S. GilsoN, Circuit Judge. On May 12, 1858, Robert A. Raker obtained the legal title, by deed of conveyance duly witnessed, acknowledged, and recorded, to a part of two certain lots in the city of Fond du Lac,— less than one quarter of an acre,-— and thereupon went into the possession and occupancy of the same, with his family, and occupied the same as a homestead. On May 17, 1881, said Baker failed in business and made a voluntary assignment for the benefit of his creditors. In the summer of 1881 he and his family moved…
1Opinion of the CourtCassoday, J.
It is contended by counsel for tbe appellant tbat tbe defendant must stand or fall by tbe deed be received from Baker, February 18, 1888, and tbe possession be acquired under it. In other words, tbe contention is tbat by accepting tbat deed be is estopped from claiming possession under one wbo bas since acquired all tbe right, title, and interest in tbe land which bis grantor possessed prior to tbe making of tbat conveyance. We are constrained to bold tbat such contention cannot be maintained. Even bad tbe defendant entered into possession under a lease from Baker, instead of a deed, yet be…
2Cases cited22 opinions
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- Bybee v. Oregon & California RailroadSupreme Court of the United States · 1891
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- Worthington v. McDonaldSupreme Court of Iowa · 1955
- Eloff v. RieschWisconsin Supreme Court · 1961
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