Herrick v. Graves
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. This was an action for the recovery of the south half of a lot of laud containing one hundred acres situated in Dodge county; the complaint alleges that the plaintiff has an estate in said lands, particularly stating its nature and extent and that he is entitled to the possession thereof and that the defendant unlawfully withholds possession thereof from him to his damage, &c.
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APPEAL from the Circuit Court for Fond du Lac County. This was an action for the recovery of the south half of a lot of laud containing one hundred acres situated in Dodge county; the complaint alleges that the plaintiff has an estate in said lands, particularly stating its nature and extent and that he is entitled to the possession thereof and that the defendant unlawfully withholds possession thereof from him to his damage, &c. The action came on to be tried before the court and a jury, when the defendant objected to any evidence being given under the plaintiff’s complaint, on the ground…
1Opinion of the Court
By the Court,
Cole, J.
Notwithstanding the numerous exceptions taken to the ruling of the court on the trial of this cause, we can discover no error which we deem material, or which could have prejudiced the appellant, except, perhaps, the one involved in the charge to the jury, which will be c on-sidered in another place.
The complaint'is full, and most unquestionably states a geod cause of action for the recovery of real estate.
If there were any variances between the allegations in the complaint and the proof offered, or between the judgments, executions and recitals of the sheriff’s deed,…
2Cited by12 opinions
- Jarvais v. MoeWisconsin Supreme Court · 1875
- Moore v. SmeadWisconsin Supreme Court · 1895
- Grotberg v. First Nat. Bank.North Dakota Supreme Court · 1926
- Bartle v. BartleWisconsin Supreme Court · 1907
- Schoffen v. LandauerWisconsin Supreme Court · 1884
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