Legal Opinion

Myrick v. Kahle

Wisconsin Supreme Court

Decided December 11, 1903PublishedCited by 4 opinions

Appeal from a judgment of tbe circuit court for La Crosse-county: J. J. Fruit, Circuit Judge. Appellant was tbe original patentee of a body of land wbicb included tbe lots in controversy. Tbe patent was-issued November 1, 1849, and recorded May 25, 1859. From tbe time of tbe issuance of tbe patent, and until 1858, tbe land was platted, tbe plat recorded, and there were various transfers of undivided parts of tbe land and some transfers of particular parts.

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Appeal from a judgment of tbe circuit court for La Crosse-county: J. J. Fruit, Circuit Judge. Appellant was tbe original patentee of a body of land wbicb included tbe lots in controversy. Tbe patent was-issued November 1, 1849, and recorded May 25, 1859. From tbe time of tbe issuance of tbe patent, and until 1858, tbe land was platted, tbe plat recorded, and there were various transfers of undivided parts of tbe land and some transfers of particular parts. In some of tbe deeds there were reservations wbicb were not in others, and some of tbe descriptions of tbe lines were faulty and…

1Opinion of the CourtSiebecKER, J.

Kespondents urge that appellant has failed to show sufficient grounds upon the record to entitle him to prosecute this action. It is not suggested in what respect •appellant’s record title to the property in question fails, aside from respondents’ tax title, unless it be in the description in the conveyances offered in evidence, as being so indefinite that it could not be ascei’tained whether the lots to which respondents claim title in this action are included. The lots described in the complaint were set off to appellant by judgment of court in a partition suit between him and the other…

2Cases cited5 opinions

  1. Allen v. AllenWisconsin Supreme Court · 1902
  2. Hart v. SmithWisconsin Supreme Court · 1878
  3. Iverslie v. SpauldingWisconsin Supreme Court · 1873
  4. Morrow v. LanderWisconsin Supreme Court · 1890
  5. Ramsay v. HommelWisconsin Supreme Court · 1887

3Cited by4 opinions

  1. Town of Wilson v. City of SheboyganWisconsin Supreme Court · 1939
  2. State ex rel. Stengl v. CaryWisconsin Supreme Court · 1907
  3. Bouchier v. HammerWisconsin Supreme Court · 1909
  4. Caseville Investment Co. v. BergWisconsin Supreme Court · 1930

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