Ablard v. Fitzgerald
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lae County. This is an action of ejectment to recover a narrow strip of land lying on the further side of a partition fence between plaintiff’s and defendant’s lands, which has been maintained in the same place for more than thirty years. The answer was a general denial, and sets up the defense of adverse possession for over twenty years.
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APPEAL from the Circuit Court for Fond du Lae County. This is an action of ejectment to recover a narrow strip of land lying on the further side of a partition fence between plaintiff’s and defendant’s lands, which has been maintained in the same place for more than thirty years. The answer was a general denial, and sets up the defense of adverse possession for over twenty years. Plaintiff produced a deed from John Norton to him, purporting to convey to him “the north half of the southeast quarter of the northeast quarter of section 'number six (6) in township, number thirteen (13) north, of…
1Opinion of the CourtNewman, J.
The plaintiff in ejectment recovers, if at all, on the strength of his own title. The plaintiff in this action failed utterly to show that he had title to the strip of land in dispute. The defendant’s motion for a nonsuit should have been granted. The plaintiff produced no chain of paper title from Welton, the common grantor, nor either title or possession in Norton, his immediate grantor; so his claim is entirely unsupported by evidence of paper title or the presumptions which possession in his grantor might give. Besides, it appears'that the disputed strip is almost, if not quite, wholly…
2Cases cited1 opinion
- Graeven v. DievesWisconsin Supreme Court · 1887
3Cited by8 opinions
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
- Sheldon v. Michigan Central RailroadMichigan Supreme Court · 1910
- Elofrson v. LindsayWisconsin Supreme Court · 1895
- Vicksburg, Shreveport & Pacific Railway Co. v. LeRosenSupreme Court of Louisiana · 1899
- Ryan v. SchwartzWisconsin Supreme Court · 1896
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