Legal Opinion

Buckner v. Hutchings

Wisconsin Supreme Court

Decided October 25, 1892PublishedCited by 3 opinions

APPEAL from the Circuit Court for Wcmhesha County. This action was brought to recover possession of a strip of land one and one-half rods wide, described in. the complaint by metes and bounds, to and from a certain farm of fifty-one acres of land belonging to the plaintiff, the plaintiff alleging that he is the owner in fee simple of the strip of land claimed. The answer was a general denial.

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APPEAL from the Circuit Court for Wcmhesha County. This action was brought to recover possession of a strip of land one and one-half rods wide, described in. the complaint by metes and bounds, to and from a certain farm of fifty-one acres of land belonging to the plaintiff, the plaintiff alleging that he is the owner in fee simple of the strip of land claimed. The answer was a general denial. It appeared: (1) That one Margaret Putnam, formerly Margaret Hutchings, died seised of the tract of fifi^-one acres, and “also a strip of land one and one-half rods wide, as and for a right of way to and…

1Opinion of the CourtPinney, J.

In the complaint in the partition suit, the premises in controversy in this action are described by metes and bounds, and as “a strip of land one and one-half rods wide, as and for a right of way to. and from said fifty-one acre tract, . . . which strip is a right of way through and over lands owned and occupied by William H. Hutchings,” the defendant; and in his answer he admitted .these allegations of the complaint. In the judgment in the partition suit it was adjudged that the two plaintiffs and defendant “ are the owners in fee and tenants in common of the lands and premises described in…

2Cases cited5 opinions

  1. Vail v. . Long Island R.R. Co.New York Court of Appeals · 1887
  2. Robinson v. Missisquoi R. R.Supreme Court of Vermont · 1887
  3. City of Racine v. CrotsenbergWisconsin Supreme Court · 1884
  4. Maurer v. StinerWisconsin Supreme Court · 1892
  5. Cross v. PikeSupreme Court of Vermont · 1887

3Cited by3 opinions

  1. City of Kansas v. FileSupreme Court of Kansas · 1899
  2. Overton v. MoseleySupreme Court of Alabama · 1902
  3. Le Blond v. Town of PeshtigoWisconsin Supreme Court · 1909

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