Soper v. Barker
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. Trespass ' to tbe close. Tbe acts complained of are, that defendant, in person and by bis men and teams, on June 1, 1870, and at divers other times between that date and October 1, 1870, broke and entered on the premises described (which are alleged to be plaintiff’s close and farm), and cut down, took and carried away the hay, grass, etc., growing and being there, and trod down and destroyed the same.
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APPEAL from the Circuit Court for Rock County. Trespass ' to tbe close. Tbe acts complained of are, that defendant, in person and by bis men and teams, on June 1, 1870, and at divers other times between that date and October 1, 1870, broke and entered on the premises described (which are alleged to be plaintiff’s close and farm), and cut down, took and carried away the hay, grass, etc., growing and being there, and trod down and destroyed the same. The premises in question may be briefly described as so much of the east half of of the southwest quarter of section 2 in a certain town, as lies…
1Opinion of the CourtCole, J.
The counsel for the defendant insist that, to support this action of trespass guare clausum, it was only essential to prove the actual possession of the plaintiff and an illegal entry by the defendant, and that title to land does not necessarily come in question. Consequently it is claimed that the case was within the jurisdiction of a justice, and that the plaintiff was not entitled to costs.
Where the action is founded merely on possession, the question of title not being raised in any way, doubtless all that it is necessary to prove in order to support the action, is an injury to the actual…
2Cited by1 opinion
- Lipsky v. BorgmannWisconsin Supreme Court · 1881