Lally v. Rossman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. Trespass for cutting and removing a quantity of pine timber from plaintiffs’ lands. The defendants, by their answer, claimed title to the lands from which the timber .was cut. The land from which the timber was cut was in section 30, township 42 N., of range 3 E., in Ashland county. This section is intersected by the Flambeau river, and was surveyed and sold in lots instead of regular subdivisions.
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APPEAL from the Circuit Court for Ashland County. Trespass for cutting and removing a quantity of pine timber from plaintiffs’ lands. The defendants, by their answer, claimed title to the lands from which the timber .was cut. The land from which the timber was cut was in section 30, township 42 N., of range 3 E., in Ashland county. This section is intersected by the Flambeau river, and was surveyed and sold in lots instead of regular subdivisions. The controversy here arises principally from the fact that the actual location of the river and its location as meandered and as indicated upon the…
1Opinion of the CourtWinslow, J.
It is plain that there is but one question of importance in the case, and that is the question as to the southern boundary of lot 5. If that boundary be the old meandered line of the river, the judgment below was right. If, on the other hand, that boundary be the eighth line between the northwest quarter of the southeast quarter and southwest quarter of the southeast quarter, then the plaintiff should have recovered the value of the 185,000 feet of lumber cut.
It is well settled that in government grants meander lines are not boundaries, but the water course itself is the boundary. Whitney v.…
2Cases cited1 opinion
- Whitney v. Detroit Lumber Co.Wisconsin Supreme Court · 1890
3Cited by8 opinions
- Gardner v. GreenNorth Dakota Supreme Court · 1937
- Wisconsin Realty Co. v. LullWisconsin Supreme Court · 1922
- Schlosser v. CruickshankSupreme Court of Iowa · 1895
- Brown v. DunnWisconsin Supreme Court · 1908
- Underwood v. SmithWisconsin Supreme Court · 1901
3 more not listed; retrieve them via the Exa API.