Lampe v. Kennedy
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. This is the third appeal in this case. The reports of the case on the former appeals will be found in 45 Wis., 23, and 49 Wis., 601. The following head-note contains a sufficient statement of the case as made by the record on the first appeal r “ Persons having mining claims on a certain quarter-section of land, before the same was open to entry, determined by arbitration the boundaries of their respective lots, and had a plat…
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APPEAL from the Circuit Court for Dane County. This is the third appeal in this case. The reports of the case on the former appeals will be found in 45 Wis., 23, and 49 Wis., 601. The following head-note contains a sufficient statement of the case as made by the record on the first appeal r “ Persons having mining claims on a certain quarter-section of land, before the same was open to entry, determined by arbitration the boundaries of their respective lots, and had a plat made to show the boundaries thus determined. The quarter-section was then surveyed, and one G., appointed for that…
1Opinion of the CourtLyoN, J.
The result of the judgments of this court on! the two former appeals is that if the place where the stake stood which is referred to in Goodsell’s deed to the grantors of the defendants as at the northwest corner of Eowell’s lot can be established, that must control in fixing the line between the lots of the respective parties. But if the place where the stake stood cannot be identified, the plat must control. The last trial of the case appears to have been conducted upon a correct understanding of the former judgments, and the struggle on behalf of defendants was to show that the stake…
2Cases cited5 opinions
- Parker v. KaneWisconsin Supreme Court · 1856
- Bogie v. BogieWisconsin Supreme Court · 1874
- Wilke v. WilkeWisconsin Supreme Court · 1871
- Hilmert v. ChristianWisconsin Supreme Court · 1871
- Price v. OsbornWisconsin Supreme Court · 1874
3Cited by10 opinions
- Feinberg v. StearnsSupreme Court of Florida · 1908
- Albright v. AlbrightWisconsin Supreme Court · 1888
- Cutler v. JamesWisconsin Supreme Court · 1885
- Gratz v. Land & River Imp. Co.Court of Appeals for the Seventh Circuit · 1897
- Barber v. RobinsonSupreme Court of Minnesota · 1899
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