Willis v. Sweet

Wisconsin Supreme Court
Willis v. Sweet, 49 Wis. 505 (Wis. 1880)
5 N.W. 895; 1880 Wisc. LEXIS 67
Lyon

Willis v. Sweet

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.

Reference

Full Case Name
Willis and wife v. Sweet
Cited By
2 cases
Status
Published