Wisconsin Supreme Court June 15, 1870 (McIndoe v. Morman)

Dixon, C. J.

If the defendant were not in possession of the premises, claiming to hold them under the contract, the judgment of the circuit court might stand. But the defendant is in possession and enjoyment of the premises, never having been evicted or disturbed, and claims the right to continue therein by virtue of the contract, and still refuses to pay the price.