Brewer v. Schammerhorn

The opinion of the court was delivered by

Schroedek, J.:

This is an action in ejectment tried to the court upon waiver of a jury by both parties. From a decision and judgment adverse to the plaintiff appeal has been properly perfected to this court presenting the questions hereafter discussed.

The controlling question presented is whether a deed conveying the South Half of a long quarter section of land, previously divided by a conveyance of the North 80 acres precisely, conveys all the remaining tract in the hands of the grantors or only a quantitative one-half mathematically.

With a few…