Carstensen v. Brown
Wyoming Supreme Court
Appeal from District Court, Washakie County; Hon. P. W. Metz, Judge. Action by Henry A. Carstensen against Earl Brown to recover possession of lands involved in a disputed boundary. There was judgment for defendant and plaintiff appeals.
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Appeal from District Court, Washakie County; Hon. P. W. Metz, Judge. Action by Henry A. Carstensen against Earl Brown to recover possession of lands involved in a disputed boundary. There was judgment for defendant and plaintiff appeals. The motion to dismiss is not well taken; the statute, Sec. 10, Chapter 32, Laws 1917, does not require the record to show notice to the Judge; there is a contrary inference since the section requires the record to be made up and filed before such action be taken by the Clerk; adverse possession cannot be predicated upon a mistake as to the true boundary line;…
1Opinion of the Court
Beard, ChiEE JucticE.
In this case the parties occupy the same relative positions as in the District Court and will be referred to as plaintiff and defendant.
Plaintiff has the legal title to the SE^4 of the SW54 of section 21, and the NE/4 of the NWJ4, and the of the NEj4 of section 28, Tp. 48 N., R. 89 W. of the 6th P. M. Defendant has the legal title to the Ej4 of the NEj4 of section 28, and the Sj4 of the SEji of section 21, in said township and range. Plaintiff brought the action against the defendant, alleging that defendant wrongfully kept him out of possession of his said lands.…
2Cases cited5 opinions
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- Allen v. LewisWyoming Supreme Court · 1919
- Foard v. McAnnellySupreme Court of Missouri · 1908
- Upton v. . FerebeeSupreme Court of North Carolina · 1919
- Fieldhouse v. LeisburgWyoming Supreme Court · 1907
3Cited by6 opinions
- City of Rock Springs v. SturmWyoming Supreme Court · 1929
- Pickett v. Assocciates Discount Corp. of WyomingWyoming Supreme Court · 1967
- Carstensen v. BrownWyoming Supreme Court · 1925
- McClintock v. AyersWyoming Supreme Court · 1926
- Hovendick v. RubyWyoming Supreme Court · 2000
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