Neff v. Paddock
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Fayette County. Trespass quare clausum, for the removal of plaintiff’s fence. Defense, that the locus was part of a well-known and long traveled highway, upon which plaintiff had willfully built his fence ; and that defendants removed it by direction of the town board of supervisors, doing no unnecessary damage.
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APPEAL from the Circuit Court for La Fayette County. Trespass quare clausum, for the removal of plaintiff’s fence. Defense, that the locus was part of a well-known and long traveled highway, upon which plaintiff had willfully built his fence ; and that defendants removed it by direction of the town board of supervisors, doing no unnecessary damage. An act of congress, approved February 11,1805, provides as follows : “ Sec. 2. That the boundaries and contents of the several sections, half-sections and quarter-sections of the public lands of the United States shall be ascertained in conformity…
1Opinion of the CourtCole, J.
It appears that the highway in question was surveyed by the town authorities in 1852. The witness Brown says, that as county surveyor he surveyed the road running north and south through the section at that time. He first found the quarter post *551according to the government surveys in the north line of the section, and ran thence southward to the quarter post in the south line of the section. He then found the quarter post in the east line of the section and run thence west to the quarter post in the next line of the section. In this manner he ascertained the subdivision of the. section…
2Cases cited3 opinions
- Wetmore v. TracyNew York Supreme Court · 1835
- Jones v. KimbleWisconsin Supreme Court · 1865
- Lemon v. HaydenWisconsin Supreme Court · 1860
3Cited by7 opinions
- Joseph v. City of AustinCourt of Appeals of Texas · 1936
- State ex rel. Young v. MareschWisconsin Supreme Court · 1937
- Hubbell v. GoodrichWisconsin Supreme Court · 1875
- Chan v. BrandtSupreme Court of Minnesota · 1890
- Jennings v. JohonnottWisconsin Supreme Court · 1912
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