Stevens v. Brooks
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Decisions of this court upon two appeals in a former action between these parties, growing out of the same subject-matter, will be found in 22 Wisconsin Reports, pp. 696-700, and 23 id., pp. 197,198. The present action was commenced in 1868. The only averments of the complaint which need be stated here are these: That, in May, 1837, one Noonan, being seized in fee of certain lands in Dane county, sold and conveyed them to one…
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APPEAL from the Circuit Court for Dane County. Decisions of this court upon two appeals in a former action between these parties, growing out of the same subject-matter, will be found in 22 Wisconsin Reports, pp. 696-700, and 23 id., pp. 197,198. The present action was commenced in 1868. The only averments of the complaint which need be stated here are these: That, in May, 1837, one Noonan, being seized in fee of certain lands in Dane county, sold and conveyed them to one Field and one Ford, and took from them a mortgage of the same lands to secure payment of the purchase-money, which…
1Opinion of the CourtPaiNE, J.
The demurrer to the complaint must be sustained, upon the ground that it appears upon the face of it that the action is barred by the statute of limitations.
The complaint shows that the defendant took a warranty deed of the premises in 1846, and entered into possession soon after, under that deed, and has been in possession ever since.
The only answer which the plaintiff makes to the statute of limitations is, that inasmuch as Noonan, the defendant’s grantor, had only the rights of a mortgagee, therefore the defendant is to be supposed to have claimed only such title as Noonan could actually…
2Cases cited3 opinions
- Jackson Ex Dem. Bradstreet v. HuntingtonSupreme Court of the United States · 1831
- Prescott v. NeversU.S. Circuit Court for the District of Maine · 1827
- Jackson ex dem. Preston v. SmithNew York Supreme Court · 1816
3Cited by9 opinions
- Sydnor v. PalmerWisconsin Supreme Court · 1871
- Swann v. ThayerWest Virginia Supreme Court · 1892
- Maxwell v. HartmannWisconsin Supreme Court · 1881
- Childs v. NelsohWisconsin Supreme Court · 1887
- Bartlett v. SecorWisconsin Supreme Court · 1883
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