River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1913-10-16
POPULAR TALKS ON LAW
When The Squatter Gets
The Land
BY Walter K. Towers, A. g., J. D., of the
Michlg an Bar


Michigan Bar
James Randall was the owner of
a wilderness tract of thousands Of
acres. The country was new and
undeveloped and Randall paid but
slight attention to his holdings. He
and his family lived many miles
away and carelessly paid slight
attention to their large holdings.
Verne Fox moved into the region
with his family seeking a new
home in 1870. He had little
money and desired to buy tract
of land which he could develop into
a productive farm. He met two
moA who said they had such farm
for sale. 1t was upon back road,
mere wilderness trail, but the
land promised we'll to Fox and he
paid $500 for eighty acres, receiving
deed from his new acquaintance
and taking possession of the va.
cant property without making any
further inquiries. Fox built
home and year by year cleared and
and developed his fields. He heard
that the road on which he faced
was reputed to be the boundry of
Randall's tract, and that he YVES
therefore within it, but as no one
interfered with him, >he troubled
not.
1t was 1892 before the Randall
family went into the region to care
for their holdings in person and
to see to their development. They
found that Fox's farm was within
the boundries of their tract and
that he had paid his money and re-
ceived his deed from men having
no rights whatever in the property.
At this time Fox had put about
sixty acres under actual cultivation
or wi, hin fences as pasture for his
stock. He had made little use o.
the back twenty acres and had
not developed it in any way The
Randall's took immediate legel
steps to GUST Fox from his he lings
and recover the property, but wei
defeated.
Although Fox had secured no
good title when he took the deed
and entered into possession of the
property, his continued and open
use and possession of it as actual
owner for a period of over twenty
years gave to him complete rights
in it. This right was based on
what is known as the statute of
limitations. There is such a statute
in every state and they are general
ly much alike, usually providing
that such use and possession for a
period of twenty years give good
title to the property even as against
the rightful owner. The failure of
the rightful owner to assert his
rights for period of twenty years
costs him his title to the property.
This is what is legally termed I'll
tie by adverse possession.
Fox retained control of the en-
tire eighty acres described under
the original worthless deed under
which he had entered. He had en-
tered in good faith under the deed,
believeing the deed to be good and
expecting to possess the entire
eighty acres. The court enforced
his claim, as his possession applied
TO all of the property described in
the deed, he having taken general
possession and occupied it for
twenty years.
Alex Phelps settled on the same
road at about the same time as Fox.
He verbally laid claim to an eighty
acre tract which he had roughly
described on several occasions.
He made no purchase from anyone,
however, had no deed, or any other
regular means of acquiring owner
ship. He simply squatted on what
he viewed as a mo mans land !"
In the Technology of the law he
had no color of title" as had Fox.
Phelps, too, cleared and cultivated
a part of the tract he claimed, but
had actually made use of about
sixty acres. In this case the court