Goodel v. Bennett
Wisconsin Supreme Court
APPEAL from the Circuit Court for Calumet County. Ejectment, for a part of “ lot one hundred and thirty-one of the Stoekbi-idge Reservation, in the town of Stock-bridge.”
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APPEAL from the Circuit Court for Calumet County. Ejectment, for a part of “ lot one hundred and thirty-one of the Stoekbi-idge Reservation, in the town of Stock-bridge.” The plaintiff’s evidence was as follows: 1. Patent for said lot, from the United States to one Jacob Davids, dated October 8, 1860. 2. Deed of the premises from the defendant to one Howe, December 6, 1851, duly recorded; containing covenants of seizin and wai-ranty and against incumbx-ances. 3. Warranty deed from Howe to one Denell, June 13, 1853. 4. Wax-ranty deed from Denell to John N. Chicks, August 22, 1853. 5. Letters…
1Opinion of the CourtDixon, C. J.
There can be no question but that the title, whatever it was, of John FT.- Chicks, deceased, passed to the United States under the treaty of February 5, 1856. He was a party to the treaty, and signed and sealed the same. Treaty with the Stockbridges and Maumees, 11 U. S. Statutes at Large, 664, (Art. 1), and 668. Chicks having, then, no title at the time of his decease, the plaintiff took nothing by his deed from the administrator of Chicks’ estate. The plaintiff was properly nonsuited on this ground. The fact that Chicks, at the time of the treaty, claimed title through divers mesne…
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