Bartlett v. Beardmore
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The following statement of tlie case was prepared by Mr. Justice Cassoday: It is undisputed that at the time of the trial the plaintiff was the owner of the E. ■§■ of the S. W. \ of section 8, township 14, range 16, in Winnebago county, and had been for forty years; that the north line of his land was the south line of land owned by Silas M. Allen, and subsequently by bis son Timothy; that in 1849-50 a state road was laid…
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APPEAL from the Circuit Court for Winnebago County. The following statement of tlie case was prepared by Mr. Justice Cassoday: It is undisputed that at the time of the trial the plaintiff was the owner of the E. ■§■ of the S. W. \ of section 8, township 14, range 16, in Winnebago county, and had been for forty years; that the north line of his land was the south line of land owned by Silas M. Allen, and subsequently by bis son Timothy; that in 1849-50 a state road was laid ont and opened from what is now Berlin to Neenah, which struck the west line of said section 8 at the quarter-post, and…
1Opinion of the CourtCassoday, J.
A former judgment in this action was reversed for error. 74 Wis. 485.
The evidence as to th’e exact location of the fence in front of and northeasterly from Ba/rtletiSs barn prior to the construction of the wire fence in question is considerably mixed and conflicting. There is considerable eyidence on the part of the plaintiff tending to prove that as early as 1862 or 1863, he built a board fence from a foot or so east of the barn door directly north to where the wire fence stood, and from thence easterly, on substantially the same line occupied by the wire fence, to the old board fence…
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