Wisconsin Supreme Court, 1880

Willis v. Sweet

Wisconsin Supreme Court · Decided May 27, 1880 · Lyon

49 Wis. 505; 5 N.W. 895; 1880 Wisc. LEXIS 67

Cases that cite this one

2 later published cases cite this decision.

Reichelt v. Perry (S.D. 1902)
Hoffman v. Wheelock (Wis. 1885)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

LyoN, J.

Beyond all question the- complaint states a cause of action in equity. It states a cause of action under the statute (R. S., 822, sec. 3186); and independently of the statute it states facts constituting a cause of action quia timet/ and courts of equity have inherent jurisdiction of such actions. *507Pier v. Fond du Lac, 38 Wis., 470. Under the averments of the complaint, the plaintiffs have not parted with their title to the land, and the recorded conveyance is a cloud upon their title, which, without regard to any other remedy they may have, they are entitled to have removed. This a court of equity alone can do.

By the Court.— Judgment reversed, and the cause remanded for further proceedings according to law.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.