Shufeldt v. Spaulding
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. Pursuant to an act of congress, entitled “ an act to grant a quantity of land to the territory of Wisconsin for the purpose of aiding in opening a canal to connect the waters of lake Michigan with those of Rock river,” approved June 18, 1838, the United States conveyed to such territory certain lands, one parcel of which is described as follows: “ Fractional section 29, town 8. range 17 east, 162 95-100 acres.”
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APPEAL from the Circuit Court for Jefferson County. Pursuant to an act of congress, entitled “ an act to grant a quantity of land to the territory of Wisconsin for the purpose of aiding in opening a canal to connect the waters of lake Michigan with those of Rock river,” approved June 18, 1838, the United States conveyed to such territory certain lands, one parcel of which is described as follows: “ Fractional section 29, town 8. range 17 east, 162 95-100 acres.” This description has reference to the official government survey and plat of the lands thus conveyed. An examination of such plat…
1Opinion of the CourtLyoN, J.
Were authorities necessary to sustain principles which, if not elementary, are yet well settled in the law, the numerous cases cited by counsel for the defendants abundantly show that when a plat is referred to in a deed as a part of the description of the lands conveyed, such plat becomes an essential part of the description itself, and that courses, distances, quantities and measurements must yield to, and are controlled by, natural or'fixed landmarks.
The conveyancé by the territory of Wisconsin to Daniel Cottrell (through which the defendants claim title to the land in controversy) was of…
2Cases cited1 opinion
- Martin v. CarlinWisconsin Supreme Court · 1865
3Cited by10 opinions
- Boorman v. SunnuchsWisconsin Supreme Court · 1877
- Calder v. Hillsboro Land CompanyDistrict Court of Appeal of Florida · 1960
- Brown v. DunnWisconsin Supreme Court · 1908
- Sheppard v. WilmottWisconsin Supreme Court · 1891
- Zuleger v. ZehWisconsin Supreme Court · 1915
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