Davis v. Louk
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Plaintiff sued for tbe value of Ms improvements upon land which, had been recovered from him by defendant in an action of ejectment, the parties being tenants in common of the premises. The answer alleged several defenses and counter-claims, and plaintiff demurred both generally and specially thereto.
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APPEAL from the Circuit Court for Dane County. Plaintiff sued for tbe value of Ms improvements upon land which, had been recovered from him by defendant in an action of ejectment, the parties being tenants in common of the premises. The answer alleged several defenses and counter-claims, and plaintiff demurred both generally and specially thereto. The defenses specially demurred to were, 1st, a denial upon information and belief of the payment of taxes by plaintiff; and, 2d, a plea in bar of a former recovery by plaintiff for the improvements in question. The counter-claims demurred to were,…
1Opinion of the CourtCole, J.
In his complaint the plaintiff alleges, among other things, that he has paid, since the date of his purchase of the land therein mentioned, taxes which have been assessed against it to the amount of $410.90, one fifth of which with interest, he claims the defendant should pay. In respect to this claim the defendant answers, whether the plaintiff has paid the *311taxes upon the land and the amonnt paid she has no knowledge or information sufficient to form a belief, and therefore denies the same. The special demurrer to this form of denial, is that it is evasive and insufficient. It is said that…
2Cases cited3 opinions
- Parsons v. MosesSupreme Court of Iowa · 1864
- Pacquette v. PicknessWisconsin Supreme Court · 1865
- Taylor's Heirs v. Whiting's HeirsCourt of Appeals of Kentucky · 1840
3Cited by7 opinions
- Stump v. HornbackSupreme Court of Missouri · 1891
- Stewart v. StewartWisconsin Supreme Court · 1895
- Southern Cotton Oil Co. v. HenshawSupreme Court of Alabama · 1889
- Hadley v. StewartWisconsin Supreme Court · 1886
- Lombard v. Antioch CollegeWisconsin Supreme Court · 1884
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