Pereles v. Gross
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. Action of ejectment to recover 34.36 feet of land claimed by the appellant to be the northeast half of lot 43, and an adjoining 9.36 feet of lot 42, according to Hubbard & Pearson’s addition to Milwaukee. That addition was platted and surveyed as early as 1838, and the plat duly recorded.
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Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. Action of ejectment to recover 34.36 feet of land claimed by the appellant to be the northeast half of lot 43, and an adjoining 9.36 feet of lot 42, according to Hubbard & Pearson’s addition to Milwaukee. That addition was platted and surveyed as early as 1838, and the plat duly recorded. It does not appear that there is any ambiguity or uncei’tainty as to the interior portion of the plat, but the confusion, if any, ■exists in relation to the fringe of so-called “water lots,” lying between North Water…
1Opinion of the CourtDodgke, J.
1. The first question is purely one of fact, and is, Where did the original surveyor in 1838 locate on the ground the northeasterly and southwesterly lines of water lot 43 ? for the boundary of plaintiff’s ownership, according to his deed, is midway between these two lot lines. Of course, the most direct evidence would be the very stakes or monuments which that surveyor set as marking the boundaries of this lot, or the testimony of eye-witnesses, who saw the lines actually run upon the ground. FText in directness would be occupation commenced by persons having knowledge as to the place of…
2Cases cited12 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Last Chance Mining Co. v. Tyler Mining Co.Supreme Court of the United States · 1895
- Hart v. MoultonWisconsin Supreme Court · 1899
- Grunert v. SpaldingWisconsin Supreme Court · 1899
- Gossens v. Mattoon Manufacturing Co.Wisconsin Supreme Court · 1899
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3Cited by10 opinions
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- Brew v. NugentWisconsin Supreme Court · 1908
- Geiger v. UhlIndiana Supreme Court · 1932
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- Bernard v. Jefferson County Investment & Building Ass'nTexas Supreme Court · 1936
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