Toomey v. Kay
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. Action of trespass quare clausum. The answer alleged title in the defendants. The facts will sufficiently appear from the opinion. There was a verdict for the defendants, and from the judgment entered thereon the plaintiff appealed.
1Opinion of the CourtCassoday, J.
The very common, and at times very difficult, question as to the precise location of the line between the adjoining farms of neighbors is here presented. In such cases, the wills of the parties and the cost of the litigation are generally the principal considerations, while the value of the land in controversy is merely incidental. Here, it appears that the plaintiff had forty acres of land. The farm of the defendant Kay joined it on the east and north. The plaintiff’s east line is the one in controversy. For several years prior to about 1869 there had been an old rail fence about on what is…
2Cases cited11 opinions
- Knoll v. StateWisconsin Supreme Court · 1882
- Allen v. AllenWisconsin Supreme Court · 1883
- Shook v. PateSupreme Court of Alabama · 1873
- Tobey v. SecorWisconsin Supreme Court · 1884
- Yanke v. StateWisconsin Supreme Court · 1881
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3Cited by4 opinions
- McCormick v. HerndonWisconsin Supreme Court · 1887
- Nelson v. JacobsWisconsin Supreme Court · 1898
- Evans v. EnloeWisconsin Supreme Court · 1885
- Hockmoth v. Des Grand ChampsMichigan Supreme Court · 1888