Johnson v. Ashland Lumber Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland, County. Trover, for logs. On a former appeal in this action, it was held that the complaint states a cause of action. The complaint is sufficiently stated in the report on that appeal. 45 Wis., 119. The defendant answered a general denial.
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APPEAL from the Circuit Court for Ashland, County. Trover, for logs. On a former appeal in this action, it was held that the complaint states a cause of action. The complaint is sufficiently stated in the report on that appeal. 45 Wis., 119. The defendant answered a general denial. On the trial, plaintiffs proved that the plaintiff Lucretia, Johnson was sole heir, and the plaintiff Elizabeth Blake the widow, of Lawrence Farley, who died intestate; that the United States conveyed to one Stephen Butterfield lots 3 and 4, and the U. of the FT. ~W. i of section 5, township 48, range 4 west; and…
1Opinion of the CourtLyoN, J.
There is no finding that the plaintiffs are the owners of the lands from which the logs in controversy were taken. The judgment probably went upon the grounds that the exceptions in the conveyance by Butterfield to Earley are void for uncertainty, and that Earley took title under that conveyance to the whole of the N. E. J of the N. W. J- and lot 3 of section 5, mentioned in the complaint. If Farley died seized of these lands, it is not denied that his title descended to the plaintiffs.
We think there is no uncertainty or ambiguity in the description in that conveyance of the excepted parcels.…
2Cases cited2 opinions
- Dolan v. TrelevanWisconsin Supreme Court · 1872
- Jenkins v. SharpfWisconsin Supreme Court · 1871
3Cited by3 opinions
- Johnson v. Ashland Lumber Co.Wisconsin Supreme Court · 1881
- Mills v. EdgellWest Virginia Supreme Court · 1911
- Bobbitt v. Van EatonSupreme Court of Iowa · 1928