McFarlane v. Cushman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. The defendant was sued by the plaintiff for damages for overflowing by a dam certain lands alleged to be the property of the latter.
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APPEAL from the Circuit Court for Walworth County. The defendant was sued by the plaintiff for damages for overflowing by a dam certain lands alleged to be the property of the latter. The cause was referred for trial, and the referees assessed the damages for perpetual flowage at $245.70; but it appearing before the cause reached judgment that plaintiff’s title to the land was not perfect of record, the cause was discontinued, and the defendant executed his bond to the plaintiff, by which, reciting the above facts, he bound himself to pay said sum of $245.70, with interest, when said…
1Opinion of the Court
By the Court,
DixON, C. J.
Ve think there was no error in excluding the award or finding of the referee and the abstract, for the reasons urged in the court below. And we think for the same reasons that the court properly instructed the jury to find a verdict for the defendant. The referee was authorized to decide the plaintiff’s title to be perfect “ upon production to him of a full abstract thereof, duly certified by the register of deeds and other officers of said county.” The referee acted' and decided upon the abstract and affidavit of one Stoppenback. The abstract was not certified by the…
2Cited by3 opinions
- McFarlane v. CushmanWisconsin Supreme Court · 1867
- Briggs v. HilesWisconsin Supreme Court · 1894
- State ex rel. Orton v. McArthurWisconsin Supreme Court · 1868