Gove v. White
Wisconsin Supreme Court
APPEAL from the Circuit Court for WcmJcesha County. Ejectment. Defendant claimed the land under the plaintiff, through several mesne conveyances; and the dispute was as to the proper boundaries. Reference is m ade to a report of the decision of this court upon a former appeal (20 Wis. 425-437), where the terms of Gove’s deed are described, and the boundaries of the strips of land here in dispute are stated.
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APPEAL from the Circuit Court for WcmJcesha County. Ejectment. Defendant claimed the land under the plaintiff, through several mesne conveyances; and the dispute was as to the proper boundaries. Reference is m ade to a report of the decision of this court upon a former appeal (20 Wis. 425-437), where the terms of Gove’s deed are described, and the boundaries of the strips of land here in dispute are stated. That report will also show the evidence relied upon at the first trial as showing'an estoppel against the plaintiff; and this evidence was repeated in substance at tbe subsequent trial.…
1Opinion of the CourtPaiNE, J.
Tbe court, in its general charge, stated tbe law correctly, as to an estoppel growing out of a voluntary settlement of a disputed boundary line between adjoining land owners, and the erection of improvements on tbe faith of such settlement. It told tbe jury, that, in order to estop tbe plaintiff, “ be must have understood that there was an uncertainty about the true line, and that be was agreeing and assenting to tbe line fixed - upon; and if it appears that be did so agree, and hnew that tbe defendant afterward built bis fence upon tbe line thus fixed, and put. up valuable improvements,…
2Cited by8 opinions
- Hartung v. WitteWisconsin Supreme Court · 1884
- Hayes v. LivingstonMichigan Supreme Court · 1876
- Fairfield v. BarretteWisconsin Supreme Court · 1889
- Appleton Manufacturing Co. v. Fox River Paper Co.Wisconsin Supreme Court · 1901
- Hass v. PlautzWisconsin Supreme Court · 1882
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