Simmons v. Johnson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bock County. Action to set aside a sale on executions, of a certain lot in arL Before the 23d of December, 1840, one White and others, severally owning 'certain lands in the then town of Be-loit (but which lands are now comprised in the city of Be-loit), made a plat thereof, which represented streets, blocks, lots, &c., as the same had been previously laid out upon the ground constituting the site of said city.
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APPEAL from the Circuit Court for Bock County. Action to set aside a sale on executions, of a certain lot in arL Before the 23d of December, 1840, one White and others, severally owning 'certain lands in the then town of Be-loit (but which lands are now comprised in the city of Be-loit), made a plat thereof, which represented streets, blocks, lots, &c., as the same had been previously laid out upon the ground constituting the site of said city. This plat was never acknowledged as required by law to entitle it to registration, but was copied by the register of deeds of said county, about the…
1Opinion of the Court
By the Court,
UixON, O. J.
The want of acknowledgment of the plat to which the parties referred for a description of the lot conveyed by White to Riddle and by Riddle to Hackett, did not invalidate those conveyances, or prevent the title from vesting in the grantees. It is sufficient, within all the adjudications, that the deed furnishes on its face, either directly or by reference to extrinsic facts and eviden - ces, the means by which it can be connected with its subject matter, and the intention of the parties ascertained with reasonable certainty. If it do this, it cannot fail for…
2Cases cited2 opinions
- Hoyt v. HoweWisconsin Supreme Court · 1854
- Coats v. TaftWisconsin Supreme Court · 1860
3Cited by10 opinions
- Gulf Production Co. v. Continental Oil Co.Texas Supreme Court · 1939
- Gates v. PaulWisconsin Supreme Court · 1903
- Washburn v. FletcherWisconsin Supreme Court · 1877
- Kenner v. Edwards Realty & Finance Co.Wisconsin Supreme Court · 1931
- Meinzer v. City of RacineWisconsin Supreme Court · 1889
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