Page:Federal Reporter, 1st Series, Volume 7.djvu/587

 BEEBUlLVSitU SCHIEAXilFZ. 6^ �monoy. Ou the; contrary, the tes'timony tends 'to affirma- tiyely showi tliati lie paM; iipthingi and t^ efforts made in 1864 tofflbtain payment were tinatailing. For laanyiyears, wiiih two oritiiree eiceptions, the)ilatids wete sold for unpaid taxes, atid Fdlowsj hy.his agent j redeomed tliem ffom the. tax sales. It is nevertheleas true, and this was hardljr dis- puted.OH the trial, that Merrieifc Bteadilyiiexereised acts iof possession, and dealt with the land : as tho claimant of ili^j titlel >7 (One of the plaintiff's mfciesBes-*»n'MoGonnell*-^testifi6S, howeverj thitt in 1865 Merrick toid Mm be went into possesi' sion by virtue of ' the contraet "■withi Bellows made 'inulMT, aad that he bad iout timber, eleared a part: of the land.t and rentea a part. >HeteBtifiefe,'aleo^ -that Meriiok admitted to him that be had paid nothingien the 'eontra^tj and bad not kept the taxes pajd; thai iMeipick' oflered to relibquish all: claim for $500, and thought'bimself entitled to that sum^for' clearing a part of the lahdv;' The proof also shows that at the same time McConnell,asitheia^nt of Fellows, redeemed the lands frpm Tarioue tax sales, .i �Tbis testimony was bbjected tS on the ground that MerricK is dead, and that evidente of^ conversations betwesein him an4 Fellows' .agent is inadmissible under the Wisconsin statutei Sections 4069, 4070, Eev. St. Wis. But it is olear, I think, that the objection is ndt sustained by the language or the meaning of t^ie. statute. Npw, the statute of this gtate, in relation to adverse possession, provides that "wbere the oo- dupantv or those under whdm he daims,' entered into the pos- session of any promises nnder.claim of titlo, exclusive of any ather right, toimdihg sucb.claim upon somo written instru- ment as being a conveyance of the promises in question, ^ session of the premisee inuluded in such instrument * • f Under such claim for 10 year8> the promises s6 included. sball be deemed to have beec 'ield adversely, * • *" and snch adverse possession (ia deolared a bar to anlactionfof the! reoovery bf such/ real estate or the possession thereof. Ftictibfir, the statute proTide8.tbat"wbep,' there bas been an ��� �
 * * and there has been a continuai occupation and pos-