76 Wis. 413 | Wis. | 1890
It is conceded that the defendant and his wife peaceably entered into the possession of the premises in question, seventeen years before the commencement of this action, under the agreement mentioned in the foregoing statement. By the terms of that agreement they were to have and enjoy the possession of such premises as a home, free and without any reservation of rent, during their lives. Upon the faith of that agreement the defendant made the improvements mentioned. The plaintiff testified, in effect, that he always regarded the buildings so put upon the place as belonging to his father; that he never leased the premises to his lather, but gave him possession for life, as stated. Had such agreement been evidenced by writing, executed in due form of law, it would have created in the defendants estates for life, and the same would have been denominated “ estates of freehold.” Sec. 2029, K. S. The same section provides that estates of a minor character, as “estates for years, shall be denominated chattels real, and estates at will or l>y sufferance shall be chattel interests.”
This is an action of unlawful detainer. It is conceded by the learned counsel for the plaintiff that such an action
It is very obvious that the summary remedy given by sec. 3358 of the statutes was never intended as a substitute for ejectment. Jarvis v. Hamilton, 16 Wis. 580. A justice of the peace has no jurisdiction to try the title to land. But the facts upon which the right of removal is based may be
By the Court.— The judgment of the circuit court is reversed, and the cause is remanded with directions to dismiss the complaint.