Rountree v. Denson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. The case is thus stated by Mr. Justice Cassoday: “ This is an action of ejectment to recover twenty acres of land, to wit, the W. i of the S. W. of the N. W. ¿ of section 21, town 3, range 1 west, in Grant county. The defendant J.. MeDougal Davidson claimed title from the plaintiff, and the other defendant claimed as J. MoDougal Davidson's tenant.
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APPEAL from the Circuit Court for Grant County. The case is thus stated by Mr. Justice Cassoday: “ This is an action of ejectment to recover twenty acres of land, to wit, the W. i of the S. W. of the N. W. ¿ of section 21, town 3, range 1 west, in Grant county. The defendant J.. MeDougal Davidson claimed title from the plaintiff, and the other defendant claimed as J. MoDougal Davidson's tenant. “ It appears from the evidence that the forty acres (including the twenty in question) was entered by the plaintiff May 24, 1841. The plaintiff and wife conveyed to one "William Davidson the undivided…
1Opinion of the CourtOassoday, J.
The mere fact that the wants of William Davidson were not recognized and supplied by J. MoDougal Davidson, his relative and the object of his bounty, but were relieved by the plaintiff, is no ground for sustaining an action of ejectment in favor of the latter and against the former. In such an action the plaintiff must recover upon the strength of his own title, and not on the weakness of the defendants’ title. Gardiner v. Tisdale, 2 Wis., 152.
*527The finding of fact that the lands in question were conveyed to the plaintiff on May 14, 1878, by William Davidson, as attorney in fact for J. MoDougal…
2Cases cited12 opinions
- Dodge v. HopkinsWisconsin Supreme Court · 1861
- McMillan v. WehleWisconsin Supreme Court · 1882
- House v. . McCormickNew York Court of Appeals · 1874
- Wiesner v. ZaunWisconsin Supreme Court · 1875
- Gee v. BoltonWisconsin Supreme Court · 1864
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3Cited by11 opinions
- Webster v. MorrisWisconsin Supreme Court · 1886
- Whitsett v. WamackSupreme Court of Missouri · 1900
- Coulter v. Portland Trust Co.Oregon Supreme Court · 1891
- Davidson v. CoonIndiana Supreme Court · 1890
- Huntington v. PerrinCalifornia Court of Appeal · 1923
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