Elofrson v. Lindsay
Wisconsin Supreme Court
Appear from a judgment of the circuit court for Dane county: R. Gr. Siebeokee, Circuit Judge. Ejectment for a strip of land three feet wide and eight rods long, in the village of Marshall. The complaint is in the usual form. The answer is a general denial, except that it admits that the defendant is in possession and claims title by tax deeds.
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Appear from a judgment of the circuit court for Dane county: R. Gr. Siebeokee, Circuit Judge. Ejectment for a strip of land three feet wide and eight rods long, in the village of Marshall. The complaint is in the usual form. The answer is a general denial, except that it admits that the defendant is in possession and claims title by tax deeds. The plaintiff produced in evidence a chain of conveyances, showing title in him of lands described as follows: “ Commencing at the southwest corner of lot .five (5), in block sixty-five (65), according to the recorded plat of the village of Marshall, as…
1Opinion of the CourtFTbwman, J.
It was not competent to receive evidence to show that the conveyances were intended to cover and include the strip of land in controversy. The rule is that parol evidence to vary the terms of a written instrument, or to show an intention contrary to that disclosed upon its face, is not competent, unless there is ambiguity in the in*205strument itself. Hubbard v. Marshall, 50 Wis. 322; Hei v. Heller, 53 Wis. 415; Scholz v. Dankert, 69 Wis. 416; Liebscher v. Kraus, 74 Wis. 387; Morss v. Salisbury, 48 N. Y. 637; Hill v. Priestly, 52 N. Y. 635; Hartt v. Rector, 13 Mo. 497; Browne, Par. Ev. 199, 200,…
2Cases cited19 opinions
- Hubbard v. MarshallWisconsin Supreme Court · 1880
- Hartung v. WitteWisconsin Supreme Court · 1884
- Messer v. OestreichWisconsin Supreme Court · 1881
- Liebscher v. KrausWisconsin Supreme Court · 1889
- Hei v. HellerWisconsin Supreme Court · 1881
14 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Watkins v. SmithTexas Supreme Court · 1898
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
- Reiter v. Coastal States Gas Producing Co.Texas Supreme Court · 1964
- Buza v. WojtalewiczWisconsin Supreme Court · 1970
- Chandelle Enterprises, LLC v. XLNT Dairy Farm, Inc.Court of Appeals of Wisconsin · 2005
14 more not listed; retrieve them via the Exa API.