Pereles v. Magoon
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an action of ejectment commenced July 23, 1887, to recover a strip of land one foot in width from north to south, lying immediately north of the south line of lot No. 5, in block No. 68, in the Seventh ward of the city of Milwaukee, and extending the same width from the east to the west boundary of said lot, with damages for the unlawful…
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APPEAL from the Circuit Court for Waukesha County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an action of ejectment commenced July 23, 1887, to recover a strip of land one foot in width from north to south, lying immediately north of the south line of lot No. 5, in block No. 68, in the Seventh ward of the city of Milwaukee, and extending the same width from the east to the west boundary of said lot, with damages for the unlawful withholding of the same. The answer is in effect a general denial; the plea of another action pending; continuous, exclusive,…
1Opinion of the CourtCassoday, J.
The real controversy is as to the exact location of the line between lots 5 and 6 mentioned in the foregoing statement. The defendants own the north 31-| feet of lot 6, and the building situated thereon, and the real question is whether that building extends over the north line of that lot onto lot 5. The plaintiffs contend that it does for a distance of about one foot, while the defendants contend that it is wholly upon lot 6. To use the language of the learned counsel for the plaintiffs, “ the civil engineers and surveyors of both plaintiffs and defendants concur in measurements from…
2Cases cited8 opinions
- Jones v. KimbleWisconsin Supreme Court · 1865
- McAlpine v. ReichenekerSupreme Court of Kansas · 1882
- Moreland v. PageSupreme Court of Iowa · 1855
- O'Brien v. McGraneWisconsin Supreme Court · 1871
- Newcomb v. LewisSupreme Court of Iowa · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- City of Racine v. EmersonWisconsin Supreme Court · 1893
- Lewis v. PrienWisconsin Supreme Court · 1897
- Routh v. Williams, Et VirSupreme Court of Florida · 1940
- Pereles v. GrossWisconsin Supreme Court · 1905
- Galbraith v. ParkerArizona Supreme Court · 1915
14 more not listed; retrieve them via the Exa API.