Legal Opinion

Duncan v. Rodecker

Wisconsin Supreme Court

Decided March 5, 1895PublishedCited by 10 opinions

Appeal from a judgment of the circuit court for Juneau county: R. G-. SiebeoKeb, Circuit Judge. This is an action of ejectment.

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Appeal from a judgment of the circuit court for Juneau county: R. G-. SiebeoKeb, Circuit Judge. This is an action of ejectment. The premises of which recovery is sought are described in the complaint as “ that part of the west one-half (£) of lot number twelve (12), in block number fifteen (15), in the village of Wonewoe, . . .. lying south of the middle line of a stone wall running east and west across said lot as the same was on the 26th day of Eebruary, 1885.” The plaintiff occupies with a brick-veneered building all the land described in the complaint,, except a few inches on the north…

1Opinion of the CourtNewMAN, J.

The deed of conveyance from Lee to the plaintiff, as explained by the oral testimony showing the situation, seems to have been intended to convey to the plaintiff the land upon which the addition stood, up to the line of the original building, with such interest in the south wall of the original building as was necessary for the support of the building conveyed to the plaintiff, and for a partition wall between the two possessions. The description, “ the south twenty-six feet, more or less,” was intended to describe all the land upon which the addition stood, up to the south line of the…

2Cases cited6 opinions

  1. White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
  2. Heartt v. . KrugerNew York Court of Appeals · 1890
  3. Dillman v. HoffmanWisconsin Supreme Court · 1875
  4. King v. MurphyMassachusetts Supreme Judicial Court · 1885
  5. Eddy v. ChaceMassachusetts Supreme Judicial Court · 1886

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Bull v. . BurtonNew York Court of Appeals · 1919
  2. Miller v. HoeschlerWisconsin Supreme Court · 1905
  3. O'Rear v. SartainSupreme Court of Alabama · 1915
  4. Ex parte Welborn v. FaulconerSupreme Court of Missouri · 1911
  5. S. S. Kresge Co. v. Garrick Realty Co.Wisconsin Supreme Court · 1932

5 more not listed; retrieve them via the Exa API.

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