Legal Opinion

Orton v. Noonan

Wisconsin Supreme Court

Decided June 15, 1868PublishedCited by 9 opinions

APPEAL from the Circuit Court for Milwaukee County. Ejectment. The plaintiff appealed from an order sustaining a demurrer to the complaint, as not stating a cause of action.

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APPEAL from the Circuit Court for Milwaukee County. Ejectment. The plaintiff appealed from an order sustaining a demurrer to the complaint, as not stating a cause of action. The ground on which the demurrer was sustained will appear from the opinion. cient if the description in a tax deed indicate the land intended with ordinary and reasonable certainty, and be such as would suffice between the parties to an ordinary conveyance, cited Laws of 1866, ch. 53, § 1; E. S. ch. 18, § 21; 13 Ill. 708; and as to the rule in such conveyances, he cited 6 Hill, 456; 21 Barb. 398; 29 id. 196; 11 id. 173;…

1Opinion of the Court

DixoN, O. J.

The description in the deed is in these words : “ Part of N. W. J, Lot 3, N. by Wolcott, E. by Scharb, S. by Worthly, W. by Webber, Stffr acres, of sec. 9, T. 7, E. 22.” The *104plaintiff, in bis complaint, claims title under tbe deed to “ part of the northwest quarter of section 9, town Y, range 22, east, and described as lot 3, and bounded as follows, viz.: north by lands of Wolcott, east by lands of Scharb, south by lands of Worthly, and west by lands of Webber, being 5J acres.” A copy of the deed is annexed to the complaint, and made part of it, and the question arises as to the…

2Cases cited1 opinion

  1. Curtis v. Board of SupervisorsWisconsin Supreme Court · 1867

3Cited by9 opinions

  1. Forster v. ForsterMassachusetts Supreme Judicial Court · 1880
  2. Meade v. GilfoyleWisconsin Supreme Court · 1885
  3. Wilkins v. TourtellottSupreme Court of Kansas · 1882
  4. Treadway v. SchnauberSupreme Court Of The Territory Of Dakota · 1875
  5. Brody v. LongWisconsin Supreme Court · 1961

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