Underwood v. Smith
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Portage county: Ohas. M. Webb, Circuit Judge. This is an action to recover the stum page value of a quantity of timber cut by the defendants. The action was tried by the court, and the facts were not materially in dispute.
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Appeal from a judgment of the circuit court for Portage county: Ohas. M. Webb, Circuit Judge. This is an action to recover the stum page value of a quantity of timber cut by the defendants. The action was tried by the court, and the facts were not materially in dispute. The plaintiffs owned the N. E. of the S. E. \ of section 6, town 9, range 12, in Forest county, Wisconsin, the same being a fractional quarter section, as it appears upon the .government map, and named “Lot 4.” The defendants cut a quantity of timber upon land which is claimed by the plaintiffs to be a part of said lot 4, but…
1Opinion of the CourtWiNslow, J.
The question in the case is simply a question of correct surveying. The courtis required to find the true line of division between the S. E. of the S. E. \ of section 6, and the N. E. J of the same quarter section, or (as it is called on the government plat) lot 4. The line must be found by following the principles laid down by the laws of the United States, if they be applicable. Whitney v. Detroit L. Co. 78 Wis. 240. Sec. 2396 of the Revised Statutes •of the United States provides as follows:
“The boundaries and contents of the several sections, half-sections and quarter-sections of the…
2Cases cited2 opinions
- Whitney v. Detroit Lumber Co.Wisconsin Supreme Court · 1890
- Lally v. RossmanWisconsin Supreme Court · 1892
3Cited by8 opinions
- Wisconsin Realty Co. v. LullWisconsin Supreme Court · 1922
- Brown v. DunnWisconsin Supreme Court · 1908
- Blatchford v. VossWisconsin Supreme Court · 1929
- Thunder Lake Lumber Co. v. CarpenterWisconsin Supreme Court · 1924
- Chicago Club of Lake Geneva v. RyanWisconsin Supreme Court · 1931
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