22 Wis. 184 | Wis. | 1867
We find no evidence either prior or subsequent to the motion for a nonsuit, to show any ouster by the defendant Johanna Larsen. There is nothing to- show that she ever did anything herself, or authorized anything to be done, in respect to taking or holding possession of the disputed land. As we understand the evidence, it does not appear that the tax deed to her includes this land; so that the recording of that deed did not amount to any assertion of title by her to the portion here claimed by the plaintiff. There is nothing else connecting her in the remotest degree with the ouster, if there was one, except the proof of her
Furthermore, it cannot be inferred from those statements that she bad ever given any directions in regard to tbe occupancy of this particular portion, or had ever assented to any acts that be may have claimed tbe right to do there as her agent. Tbe statements are entirely consistent with tbe thebry that she may have had an interest in tbe tract, as to which be was her agent, and that then, of bis own motion, be committed these acts claiming to do. them as her agent. If that was so, and these acts went beyond any right she bad, and amounted to an ouster of tbe plaintiff, she would not be responsible, not having directed or ratified them.
The motion for a nonsuit should have been granted.
By the Court. — The judgment is reversed, with costs, and the cause remanded for a new trial.