Marsh v. Mitchell
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. Ejectment, for lot 129, block A., of a certain town in said county. Tbe defendant denied that be was in possession of tbe premises. Tbe complaint was amended at tbe trial so as to describe tbe premises by metes and bourids.
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APPEAL from tbe Circuit Court for Winnebago County. Ejectment, for lot 129, block A., of a certain town in said county. Tbe defendant denied that be was in possession of tbe premises. Tbe complaint was amended at tbe trial so as to describe tbe premises by metes and bourids. It appears from tbe evidence that tbe plaintiff’s husband bad purchased from tbe proprietors lot 129 of said block, the deed thereof making reference to the recorded plat; that he had taken possession of and fenced a lot which the stakes set upon the land by the proprietors indicated as lot 129; and that the plaintiff,…
1Opinion of the Court
Dixoüst, C. J.
The defendant Mitchell testifies that when he purchased and took possession of lot 130, and when he built his barn on and fenced it, the original stakes set by the surveyors were standing. Those on the north-west and south-west corners of the lot were marked on the inside “130.” He built his barn inside of the stakes, and three feet south of the north-west corner. Mrs. Marsh, the plaintiff, was in possession of the lot south of 130 at the time. The south side of the stake was marked “ 129,” and that lot was south of defendant’s *708barn. Mr. Marsh, (the husband of the plaintiff) and…
2Cited by12 opinions
- City of Racine v. EmersonWisconsin Supreme Court · 1893
- City of Madison v. MayersWisconsin Supreme Court · 1897
- City of Racine v. J. I. Case Plow Co.Wisconsin Supreme Court · 1883
- Nys v. BiemeretWisconsin Supreme Court · 1878
- Smith v. BooneTexas Supreme Court · 1892
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