Wisconsin Reports Volume 38; Cases Determined in the Supreme Court of Wisconsin (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 Excerpt: ...possession, for she never entered into possession under her deed. She must show a bona fide entry, under color of title exclusive of any other right, relying upon her title, believing the land to be hers, and thenceforward maintaining an actual, visible, notorious and hostile possession. Clear proof of these facts must be made, and every, presumption will be made in favor of the title of the true owner. Sydnor v. Palmer, 29 Wis., 251, 252. And her recognition of superior title in the girls is fatal to her claim. 4. When the defendant Lavina received of Bohn the proceeds of the value of that forty acres, she became a trustee of the plaintiff for the same, and the plaintiff can follow it into any new investment or form which it may take in her hands. The deed to Bohn in 1868, in connection with the record of the deeds of 1852, coupled with Bohn's bona fide purchase and possession, operated as a fraud upon the plaintiff's rights, by depriving her of her action of ejectment for the land; and a resulting trust was created, which can only be enforced in equity. Cole, J. This action is doubtless one of equitable cognizance. Its object is to have the court adjudge that the plaintiff took the title in fee of one-fourth of the forty-acre tract mentioned in the complaint, on the death of her mother, and to Barney vs. Seeley and others. charge the defendants John W. Seeley and wife, as trustees, with the value of that interest as it was when the property was conveyed by them to Bohn, and make the amount an equitable lien on the other lands described. The original forty, with other real estate, was conveyed in 1868 to Bohn, who is admitted to be a bona fide purchaser, and no relief is sought against him. Some objections were taken to the sufficiency of the complaint, wh...