Legal Opinion

Coats v. Taft

Wisconsin Supreme Court

Decided June 15, 1860PublishedCited by 9 opinions

APPEAL from the Circuit Court for Green County. This was an action to recover damages under the mill dam _ law. The complaint shows that the plaintiff, in 1856, conveyed certain lands to the defendants J. L. fy S. 0. Tafi, by the following description: “ part of the east half of the S. W._ qr. of section 5, town 3, range 8, beginning on the south line of said section 5, on the east side of the bottom land of the creek, far enough up the bank to raise a nine foot head to a…

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APPEAL from the Circuit Court for Green County. This was an action to recover damages under the mill dam _ law. The complaint shows that the plaintiff, in 1856, conveyed certain lands to the defendants J. L. fy S. 0. Tafi, by the following description: “ part of the east half of the S. W._ qr. of section 5, town 3, range 8, beginning on the south line of said section 5, on the east side of the bottom land of the creek, far enough up the bank to raise a nine foot head to a mill standing by the bridge on section 8, thence up the bottom land one hundred rods, to include all the bottom land on…

1Opinion of the Court

By the Court,

Dixon, C. J.

According to the maxim id cerium est quod reddi certum potest, there is no doubt or uncertainty about the extent, quantity, or boundaries of the tract of land which the plaintiff, in the complaint, alleges that he has heretofore conveyed to the defendants John L. and Sweeton C. Taft. The complaint alleges that the land conveyed is described in the deed “ as a part of the east half of the southwest quarter of section flve (5), town three (3), range eight (8), beginning on the south line of said section five (5), on. the east side of the bottom land of the creek, far…

2Cited by9 opinions

  1. Hartung v. WitteWisconsin Supreme Court · 1884
  2. Gates v. PaulWisconsin Supreme Court · 1903
  3. Newman v. TymesonWisconsin Supreme Court · 1860
  4. College Corner & Richmond Gravel Road Co. v. MossIndiana Supreme Court · 1883
  5. Kenner v. Edwards Realty & Finance Co.Wisconsin Supreme Court · 1931

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