Sutherland v. Drolet
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Oconto county: W. B. QuiNlaN, Circuit Judge. This is an action of unlawful detainer. The plaintiff having recovered in justice’s court, the defendant appealed, and after a trial in the circuit court judgment for the defendant was rendered. The facts were not in dispute. The plaintiff Sutherland purchased the premises in April, 1910, and the defendant was then in possession as tenant.
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Appeal from a judgment of tbe circuit court for Oconto county: W. B. QuiNlaN, Circuit Judge. This is an action of unlawful detainer. The plaintiff having recovered in justice’s court, the defendant appealed, and after a trial in the circuit court judgment for the defendant was rendered. The facts were not in dispute. The plaintiff Sutherland purchased the premises in April, 1910, and the defendant was then in possession as tenant. Plaintiff declined to rent the premises to defendant for any fixed length, of time, but orally agreed that he might continue to occupy the same 'at the rate of $25…
1Opinion of the Court
WiNsnow, O. J.
The arrangement by wbicb the defendant was to occupy the premises as tenant until they were sold was undoubtedly void so far as fixing the term of the tenancy is concerned, because it was not in writing. Under sec. 2302, Stats., no estate or interest in lands can be created save by operation of law or deed or conveyance in writing, except a leasehold for a term not exceeding one year. the oral agreement cannot in any proper sense be called a lease for “a term not exceeding one year,” for its term may last for many years, and in the present case actually did last for more than…
2Cases cited10 opinions
- Anderson v. PrindleCourt for the Trial of Impeachments and Correction of Errors · 1840
- Shaw v. HoffmanMichigan Supreme Court · 1872
- Hunter v. FrostSupreme Court of Minnesota · 1891
- Grace v. MichaudSupreme Court of Minnesota · 1892
- Huyser v. ChaseMichigan Supreme Court · 1865
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Guckenberger v. ShankIndiana Court of Appeals · 1941
- Kranz v. Wisconsin Trust Co.Wisconsin Supreme Court · 1913
- Scheuer & Tiegs, Inc. v. BenedictWisconsin Supreme Court · 1921
- Hartnip v. FieldsWisconsin Supreme Court · 1945
- Dorado v. Loew's, Inc.District of Columbia Court of Appeals · 1952
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