Borkenhagen v. Vianden
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. In 1858 the defendant, Henry Vicmden, sold and conveyed to one Franke a parcel of land (being part of a larger tract owned, and the balance of it still owned, by him) in section 12, township 6 N., range 21 E., in Milwaukee county, bounded as follows: Commencing 17-J- chains north of the southeast corner of section 12, running thence west 14 chains 89 links “ to the right bank of the Kinnickinnie river; thence along the bank…
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APPEAL from the Circuit Court for Milwaukee County. In 1858 the defendant, Henry Vicmden, sold and conveyed to one Franke a parcel of land (being part of a larger tract owned, and the balance of it still owned, by him) in section 12, township 6 N., range 21 E., in Milwaukee county, bounded as follows: Commencing 17-J- chains north of the southeast corner of section 12, running thence west 14 chains 89 links “ to the right bank of the Kinnickinnie river; thence along the bank of said river in a southwesterly direction to a stake,” etc.; thence east 17 chains 751-links to the section line; and…
1Opinion of the CourtLyon, C. J.
The case was tried throughout on the theory that Franke conveyed to Green, and the devisee of Green *208to the plaintiff, the same land which the defendant, Vianden, conveyed to Franke. The jury were instructed, in substance, that if the lines, courses, distances, and area of the property conveyed, as specified in such deed, were all inconsistent with the boundary of the tract by the right bank of the Kinnickinnic river, the latter boundary or “ call ” in the conveyance must be disregarded. A great mass of testimony was introduced to show such inconsistency, and the jury must have found that it…
2Cited by2 opinions
- Newman v. KayWest Virginia Supreme Court · 1905
- Lind v. HustadWisconsin Supreme Court · 1911