Willis v. Sweet
This text of 5 N.W. 895 (Willis v. Sweet) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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. [507]*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.
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Cite This Page — Counsel Stack
5 N.W. 895, 49 Wis. 505, 1880 Wisc. LEXIS 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willis-v-sweet-wis-1880.