Martin v. Gilson

Decided January 15, 1875

Wisconsin Supreme Court · decided 1875-01-15

The complaint of Martin alleges, that, on a day named, he was the owner and entitled to the immediate possession of certain pine logs, spiles, etc., which defendants Gilson and Severance being in possession of, unlawfully converted, etc. Answer, a general denial, etc. On the trial, to show his right to the possession and ownership of the property, the plaintiff offered in evidence a deed of certain land executed by himself and wife to Severance, one of the defendants, which…

Cited by 1 later decisions — most recently June 1909

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1875-01-15

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By AN, O. J.

¶1This case is controlled by Rich v. Zeilsdorff, 22 Wis., 544. The court below could not have refused the nonsuit, without disregarding that decision. And we are not disposed to reconsider it. Whatever may have been the original wisdom of the distinction on which that case rests, it is now too late to question the rule.

¶2The appellant’s deed to the respondent Severance does not except the wood from the grant, but only reserves the right to cut it. Trover is, therefore, not the appellant’s remedy. The case is not within Tyson v. McGuineas, 25 Wis., 656, and that class of cases.

¶3By the Court. —The judgment of the court below is affirmed.