McEvoy v. Loyd
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond die Lac County. Ejectment, for “ a strip of land three rods and one foot wide and forty rods long, upon the north side of the east half of the southwest quarter of the northwest quarter of section five in a certain town in said county. ” Plaintiff showed: 1. A patent from the United States, in 1848, to one Barden, of the west half of the northwest quarter of said section, which is also described in the patent as “ eighty-one and 54-100…
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APPEAL from tbe Circuit Court for Fond die Lac County. Ejectment, for “ a strip of land three rods and one foot wide and forty rods long, upon the north side of the east half of the southwest quarter of the northwest quarter of section five in a certain town in said county. ” Plaintiff showed: 1. A patent from the United States, in 1848, to one Barden, of the west half of the northwest quarter of said section, which is also described in the patent as “ eighty-one and 54-100 acres of land.” 2. A warranty deed from Barden to plaintiff, in October, 1855, of the southwest quarter of the northwest…
1Opinion of the CourtCole, J.
We are unable to concur in tbe conclusion reached by tbe court below, that tbe plaintiff was tbe owner in fee, and lawfully entitled to tbe possession, of tbe strip of land in controversy. By tbe deed .which be executed to Sumner and Moses Sweet, he conveyed tbe east half of tbe northwest quarter of tbe northwest quarter of .section five, etc., further describing the land as “ containing twenty acres, according to the government survey." We do not understand that there is any difficulty whatever in finding the land according to tbe government survey, or in ascertaining tbe proper boundaries.…
2Cases cited3 opinions
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- McMillan v. WehleWisconsin Supreme Court · 1882
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