Kurz v. Miller
Wisconsin Supreme Court
■ Appeal from a judgment of the circuit court, for Winnebago county: Geo. W. BueNell, Oircuit Judge. This action is for trespass to the plaintiff’s freehold, the N. E. J of the S. W. J of section 36 in the town of Nepeus-kun, January 15, 1893, and for cutting down and carrying away certain willow trees thereon; and the answer was a general denial.
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■ Appeal from a judgment of the circuit court, for Winnebago county: Geo. W. BueNell, Oircuit Judge. This action is for trespass to the plaintiff’s freehold, the N. E. J of the S. W. J of section 36 in the town of Nepeus-kun, January 15, 1893, and for cutting down and carrying away certain willow trees thereon; and the answer was a general denial. It appeared that the defendant owned the S. E. of the N. W. ¿ of the same section, adjoining the plaintiffs forty on the north, which he had purchased of one Kuderling, April 11, 1874; and the matter in dispute is one of boundary between the…
1Opinion of the CourtPiNNey, J.
1. Where tbe true line was between tbe respective forty-acre tracts of tbe plaintiff and defendant was properly submitted as a question of fact for tbe jury. Tbe evidence was quite convincing that tbe line established by tbe surveys, except, perhaps, that said to have been made by Palmer, was south of tbe place of tbe alleged trespass, and between tbe two ditches. The case was made to turn largely upon tbe view tbe jury might take of tbe facts in re*432spect to two questions: (1) Whether the defendant’s grantor, Ivuderling, and the plaintiff located and dug the ditch in 1871, and agreed upon it…
2Cases cited5 opinions
- Sydnor v. PalmerWisconsin Supreme Court · 1871
- Graeven v. DievesWisconsin Supreme Court · 1887
- Ayers v. ReidelWisconsin Supreme Court · 1893
- Hacker v. HorlemusWisconsin Supreme Court · 1889
- Dhein v. BeuscherWisconsin Supreme Court · 1892
3Cited by9 opinions
- McCann v. WelchWisconsin Supreme Court · 1900
- White v. HarrisIllinois Supreme Court · 1903
- Bettack v. ConachenWisconsin Supreme Court · 1940
- Harris v. Southeast Portland Lumber Co.Oregon Supreme Court · 1927
- Mercer v. WaymanIllinois Supreme Court · 1956
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