Schweitzer v. Connor
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wood County. Action for a trespass upon the plaintiff’s land* and the cutting and carrying away of a large quantity of pine timber therefrom. The answer, besides a general denial, alleged that the timber was the property of John Edwards and Thos. B. Scott, and that the defendant cut and carried it away by virtue of a license from -them.
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APPEAL from the Circuit Court for Wood County. Action for a trespass upon the plaintiff’s land* and the cutting and carrying away of a large quantity of pine timber therefrom. The answer, besides a general denial, alleged that the timber was the property of John Edwards and Thos. B. Scott, and that the defendant cut and carried it away by virtue of a license from -them. Upon the trial the plaintiff testified that on January 10, 1878, he paid to Mr. Edwards $25 to apply on the purchase of the land from which the timber was cut, and received from Mm the 'written instrument which is set out in…
1Opinion of the Court
Oole, 0. J.
If the circuit court was right in treating the instrument of January 10, 1878, as a contract for the sale of real estate,— and not a receipt merely,— then indubitably the rulings, excluding all parol evidence to show that the pine timber on the land was reserved by the vendors, were correct. That instrument reads as follows:
“Poet Edwaeds, Wis., Januarjr 10, 1878.
“Eeceived of Jacob Schweitzer $25. This amount is paid to secure that portion of the S. W. J- of section (21) twenty-one, town (25) twenty-five, range (4) four, that lies south of the W. O. E. E., at $9 per acre, upon…
2Cases cited5 opinions
- Smith v. SherryWisconsin Supreme Court · 1882
- Gammon v. AbramsWisconsin Supreme Court · 1881
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Webber v. QuawWisconsin Supreme Court · 1879
- Vilas v. DickinsonWisconsin Supreme Court · 1861
3Cited by21 opinions
- State v. MonjeWisconsin Supreme Court · 1982
- Fornara v. WolpeArizona Supreme Court · 1924
- Schweickhart v. StueweWisconsin Supreme Court · 1889
- Fletcher Bros. v. NelsonNorth Dakota Supreme Court · 1896
- Gilchrist v. BrandeWisconsin Supreme Court · 1883
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