Empey v. Plugert
Wisconsin Supreme Court
APPEAL from the Circuit Court for Langlade County. The case is stated in the opinion. They contended, inter alia, that the action could be maintained under sec. 3186, K. S. The plaintiff is in possession, and tbe receiver’s receipt is presumptive evidence of title. B. S. sec. 4165; Braclcen v. Preston, 1 Pin. 599; Cornelius v. Fessel, 58 Wis. 243. Ejectment may be maintained by a homestead claimant. B. S. sec. 3197. Tbe only relief plaintiff could bave was in equity.
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APPEAL from the Circuit Court for Langlade County. The case is stated in the opinion. They contended, inter alia, that the action could be maintained under sec. 3186, K. S. The plaintiff is in possession, and tbe receiver’s receipt is presumptive evidence of title. B. S. sec. 4165; Braclcen v. Preston, 1 Pin. 599; Cornelius v. Fessel, 58 Wis. 243. Ejectment may be maintained by a homestead claimant. B. S. sec. 3197. Tbe only relief plaintiff could bave was in equity. In an action at law tbe defendant’s title would bave prevailed, as tbe cancellation of plaintiff’s entry would bave been…
1Opinion of the CourtOrtoN, J.
It is substantially alleged in tbe complaint that the plaintiff settled upon the land in dispute as a homestead claimant under the laws of the United States, paid the amount required bylaw, and complied with the requirements of the law by continued residence and cultivation, so as to entitle him to the final certificate therefor, and that he presented to the land office authorities due proof of the same; and that by a final decision of the secretary of the interior upon such proof he was denied the right to said certificate; but that he has remained and still is in the possession and…
2Cases cited17 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Johnson v. TowsleySupreme Court of the United States · 1871
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Shepley v. CowanSupreme Court of the United States · 1876
- Marquez v. FrisbieSupreme Court of the United States · 1879
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- Sproat v. DurlandSupreme Court of Oklahoma · 1894