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LIPINSKI v. LIPINSKI

261 Wis. 327 (1952)

LIPINSKI and wife, Appellants, vs. LIPINSKI and others, Respondents.

Supreme Court of Wisconsin.

April 8, 1952.

Attorney(s) appearing for the Case

For the appellants there was a brief by Stafford & Stafford of Chippewa Falls, attorneys, and G. L. Pattison of Alma of counsel, and oral argument by Harold E. Stafford.

For the respondents there was a brief by Foley & Foley of Wabasha, Minnesota, and Joseph H. Riedner of Durand, and oral argument by Daniel F. Foley.

FAIRCHILD, J.

The plaintiffs have stated a cause of action in ejectment, because possession in the defendants to the exclusion of the plaintiffs is alleged. Furthermore, plaintiff's title is in dispute, and such issue of title has not been tried out in an action at law. Ordinarily, an injunction restraining trespasses on property will not be granted unless the plaintiff's title has been either admitted or established by a legal adjudication; that is, the court will...

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