13 Wis. 559 | Wis. | 1861
By the Court,
This action was commenced
We do not see how it becomes necessary to decide upon the grounds of objection stated. To us the patent seems to have been immaterial. The complaint was for a trespass upon the other half of the quarter section, and not upon the one mentioned in the patent. If, therefore, they could show that the acts complained of were not committed upon the premises mentioned in the complaint, that would have been a good defense. And they were not called upon to show who had title to other premises upon which they might so have shown them to have been committed. When the plaintiffs sued them for any acts upon such other premises, it would have been in time for them to show title, if they had it. But it was a sufficient defense to this complaint to show that they had committed no act of trespass upon the lands mentioned in it. No objection was made to their proving this, but when the patent was rejected, they seem to have abandoned that part of their offer, which was to
Judgment affirmed, with costs.