Hamilton v. Beaudreau
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. The following statement of the case was prepared by Mr. Justice Tayloe as a part of the opinion: This is an action to remove a cloud upon the plaintiff’s title to real estate situate in the city of Fond du Lac.
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APPEAL from the Circuit Court for Fond du Lao County. The following statement of the case was prepared by Mr. Justice Tayloe as a part of the opinion: This is an action to remove a cloud upon the plaintiff’s title to real estate situate in the city of Fond du Lac. The complaint alleges (1) that the plaintiff is the owner in fee of the real estate described in the complaint, by virtue of a deed from one Charles Witherell, dated October 8, 1887; (2) that the defendants claim /title to said real estate by virtue of a tax deed dated July 7, 1887; (3) that, prior to the taking of the tax deed…
1Opinion of the CourtTaylor, J.
It is very questionable whether the complaint of the plaintiff in the action states facts sufficient to entitle her to any relief; but, as the defendants answered the complaint and made no objection on the trial as to the insufficiency of the complaint, such objection is probably waived, and we must determine whether, upon the evidence and the findings of the court, the plaintiff is entitled to any relief. The plaintiff alleges in her complaint that she was the' owner in fee of the land described in the complaint. This allegation is denied by the answer. It was incumbent, therefore, on the…
2Cited by2 opinions
- Kimball v. Baker Land & Title Co.Wisconsin Supreme Court · 1913
- Madler v. KerstenWisconsin Supreme Court · 1920