Brown v. Dunn
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Florence county: John G-oodlahd, Oircnit Judge. Action under sec. 3186, Stats. (1898), to quiet title to lot 9 in fractional section 32, tuwnsliip-40 north, and range 19 east, in Florence county, hounded on the northeast hy a lake.
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Appeal from a judgment of the circuit court for Florence county: John G-oodlahd, Oircnit Judge. Action under sec. 3186, Stats. (1898), to quiet title to lot 9 in fractional section 32, tuwnsliip-40 north, and range 19 east, in Florence county, hounded on the northeast hy a lake. The plaintiffs’ title to said lot 9, hy mesne conveyances from the government patent, is conceded, the controversy being whether the parcel of land, which is in the northeast portion of the tract claimed, and on the shore of the lake, is a part of said lot. By the government plat no land is shown south of the lake in…
1Opinion of the CourtDodge, J.
It is established as a general rule of law, both in our own court and in the courts of the United States, that where by the original survey and government plat a tract of land appears to have as its boundary a body of water, such body of water is a natural monument and will constitute the boundary, however distant or variant from the position indicated for it by the meander line, and hence will control as a call of the survey over either distances or quantity of land designated in the conveyance or on the government plat. Railroad Co. v. Schurmeier, 7 Wall. 272; Mitchell v. Smale, 140 U. S.…
2Cases cited9 opinions
- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
- Mitchell v. SmaleSupreme Court of the United States · 1891
- Whitney v. Detroit Lumber Co.Wisconsin Supreme Court · 1890
- Security Land & Exploration Co. v. BurnsSupreme Court of Minnesota · 1902
- Grant v. HemphillSupreme Court of Iowa · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Gardner v. GreenNorth Dakota Supreme Court · 1937
- Wisconsin Realty Co. v. LullWisconsin Supreme Court · 1922
- Calder v. Hillsboro Land CompanyDistrict Court of Appeal of Florida · 1960
- Schultz v. WintherWisconsin Supreme Court · 1960
- Blatchford v. VossWisconsin Supreme Court · 1929
5 more not listed; retrieve them via the Exa API.