Parkinson v. McQuaid
Wisconsin Supreme Court
APPEAL from the Circuit Court for laFayatte County. The case is thus stated by Mr. Justice Tayloe: “This was an action fo.r a trespass upon.real estate, and for taking and removing a fence therefrom. The answer was a general denial, and that the locus vn quo was owned in fee by the defendant. The whole contention in the case depends upon where the east line of the defendant’s land is located.
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APPEAL from the Circuit Court for laFayatte County. The case is thus stated by Mr. Justice Tayloe: “This was an action fo.r a trespass upon.real estate, and for taking and removing a fence therefrom. The answer was a general denial, and that the locus vn quo was owned in fee by the defendant. The whole contention in the case depends upon where the east line of the defendant’s land is located. The evidence shows that in 1875 the defendant purchased, from the plaintiff seventy acres of land, partly situated in the S. E. i of the S. W. i of section 80, and partly in' the N. E. J of the N. W. £…
1Opinion of the CourtTaylor, J.
One of the contested questions in the case is as to the construction of the deed. It is insisted by the learned counsel for the appellant, that the post referred to at the end of the third course and distance, being a monument whose location is fixed by the evidence, must limit the defendant’s land on the east, whether it be twenty chains east of the west line of the plaintiff’s land as owned by him at the time of the deed or not; and that, for the purpose of locating the land according to the description in the deed, the starting point for making the survey should be such post, and then the…
2Cases cited18 opinions
- Morris v. SmithTennessee Supreme Court · 1849
- Worthington v. HylyerMassachusetts Supreme Judicial Court · 1808
- Messer v. OestreichWisconsin Supreme Court · 1881
- Jackson ex dem. Ludlow v. MyersNew York Supreme Court · 1808
- Lyman v. BabcockWisconsin Supreme Court · 1876
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Docter v. HellbergWisconsin Supreme Court · 1886
- Meade v. GilfoyleWisconsin Supreme Court · 1885
- State v. HeroldWest Virginia Supreme Court · 1915
- Haumersen v. SladkyWisconsin Supreme Court · 1936
- Lundgreen v. StrattonWisconsin Supreme Court · 1889
3 more not listed; retrieve them via the Exa API.