Lake v. Loysen
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. Appeal from an order denying a motion that the plaintiff be required to make her complaint herein more definite and certain. The complaint avers that the plaintiff is the owner in fee ■simple and possessed of the W. of the IST.
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APPEAL from the Circuit Court for Outagamie County. Appeal from an order denying a motion that the plaintiff be required to make her complaint herein more definite and certain. The complaint avers that the plaintiff is the owner in fee ■simple and possessed of the W. of the IST. W. \ of section 1, in a specified township and range, in Outagamie county, “ escept eleven acres heretofore conveyed to the Milwaukee, Lake Shore & Western Eailway Company for a right of way and depot grounds; ” also of the hi. i~ of the LT. W. J of the S. W. jjj of the same, section; that the defendant erected a dam,…
1Opinion of the CourtLyoN, J.
1. The only uncertainty (if there is any) in the complaint, in the description of plaintiff’s land, arises from the exception of the eleven acres conveyed to the railway company, which is not specifically described. But the location of that tract may readily be ascertained by reference to the conveyance thereof to the railway company. Moreover, the eleven-acre tract was conveyed for right of way and depot grounds, and presumably is being used for those purposes. A view of the premises would, no doubt, disclose the location of the tract. Id cerium est quod cerium reddi potest. The description,…
2Cited by2 opinions
- Billings Realty Co. v. Big Ditch Co.Montana Supreme Court · 1911
- Schneider v. Wisconsin Central Co.Wisconsin Supreme Court · 1892