Legal Opinion

Swihart v. Harless

Wisconsin Supreme Court

Decided May 1, 1896PublishedCited by 8 opinions

Appeal from an order of the circuit court for Chippewa county: E. D. Maeshall, Circuit Judge. The amended complaint alleges, in substance, that the ■ plaintiff is the owner of the N. E. \ of section 35, township 28 N., of range No. 5 W., in Chippewa county, Wisconsin, and was in the possession thereof until the same was taken possession of by the appellants.

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Appeal from an order of the circuit court for Chippewa county: E. D. Maeshall, Circuit Judge. The amended complaint alleges, in substance, that the ■ plaintiff is the owner of the N. E. \ of section 35, township 28 N., of range No. 5 W., in Chippewa county, Wisconsin, and was in the possession thereof until the same was taken possession of by the appellants. Ten or fifteen acres of the land is meadow land, and the balance covered with timber, alleged altogether to be worth $4,500. The lands originally were school and university lands, and were sold by the state to W. Y. Baker on October 4,…

1Opinion of the Court

"WiNslow, J.

The complaint charges, in substance, that the defendants Harless and Grindle held school-land certificates belonging to the plaintiff as security for a loan, and *216that they refused to accept payment of said loan when tendered, but fraudulently procured patents to be issued to themselves, and then sold the property to the defendants Manier and Ritter, and granted a right of cutting timber thereon to the defendant Smith, under which timber has already been cut, and that all of said last-named defendants-had knowledge of the plaintiff’s right and interest in the land when they…

2Cases cited2 opinions

  1. Board of Supervisors v. WalbridgeWisconsin Supreme Court · 1875
  2. Burrows v. RutledgeWisconsin Supreme Court · 1890

3Cited by8 opinions

  1. Post v. CampbellWisconsin Supreme Court · 1901
  2. Steinberg v. SaltzmanWisconsin Supreme Court · 1907
  3. Mash v. BloomWisconsin Supreme Court · 1905
  4. Menz v. BeebeWisconsin Supreme Court · 1899
  5. Rock County v. WeirickWisconsin Supreme Court · 1910

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