Miller v. Lavelle
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Cbippewa county: A. J. ViNJE, Circuit Judge. Tbe appeal is from a judgment in favor of tbe defendant in an action of ejectment growing out of a disputed boundary. Tbe southern boundary of tbe Western addition to tbe city of Cbippewa Falls is tbe common boundary between tbe parties.
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Appeal from a judgment of tbe circuit court for Cbippewa county: A. J. ViNJE, Circuit Judge. Tbe appeal is from a judgment in favor of tbe defendant in an action of ejectment growing out of a disputed boundary. Tbe southern boundary of tbe Western addition to tbe city of Cbippewa Falls is tbe common boundary between tbe parties. Tbe defendant owns lots 3 and 4 of block 17 of that addition, wbicb, by tbe original and recorded plats, abut on said south boundary, wherever said south boundary may be located. Tbe case was tried by tbe court without a jury and tbe court found: “That lots 3 and 4,…
1Opinion of the CourtTimlin, J.
This location of the boundary lines of lots 3 and 4, block 11, determined the case against the plaintiff and judgment was given accordingly. It appears without substantial dispute that the platted lands embraced within said Western addition are in fact on the level of a plateau, and that to the south from about the east end of Governor street to the west line of the plat, and perhaps further, the plateau comes to an end by a somewhat abrupt descent to the flats of the Ohippewa rivér. Some of the witnesses estimate that the angle of descent is about thirty degrees — presumably counting from…
2Cases cited11 opinions
- White v. LuningSupreme Court of the United States · 1876
- Davis v. RainsfordMassachusetts Supreme Judicial Court · 1821
- Higinbotham v. . StoddardNew York Court of Appeals · 1878
- Terrill v. JenningsCourt of Appeals of Kentucky · 1858
- City of Madison v. MayersWisconsin Supreme Court · 1897
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3Cited by2 opinions
- Gilbert v. GeigerCourt of Appeals of Wisconsin · 2008
- Childs v. DahlkeWisconsin Supreme Court · 1915