Legal Opinion

Pickett v. Nelson

Wisconsin Supreme Court

Decided February 3, 1891PublishedCited by 9 opinions

APPEAL from the Circuit Court for Green County. A statement of this case, as it appeared on a former appeal, will be found in Wis. 542. Upon a new trial, twenty questions were submitted to the jury for a special verdict. The scope of those questions and facts sought to be determined by them, and the findings of the jury thereon, sufficiently appear in the opinion. Those being favorable to the defendant, a judgment was entered for him, from which the plaintiff appeals.

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APPEAL from the Circuit Court for Green County. A statement of this case, as it appeared on a former appeal, will be found in Wis. 542. Upon a new trial, twenty questions were submitted to the jury for a special verdict. The scope of those questions and facts sought to be determined by them, and the findings of the jury thereon, sufficiently appear in the opinion. Those being favorable to the defendant, a judgment was entered for him, from which the plaintiff appeals. They argued that it was competent for adjoining owners to locate by agreement a boundary line which was unknown; that the line…

1Opinion of the CourtCole, C. J.

Tbe nature of this action can be learned by a reference to 71 Wis. 542, where tbe case is reported when here on a former appeal. Tbe judgment was then reversed, and tbe cause remanded for a new trial. As said by Mr. Justice Cassoday then, in tbe opinion, tbe real controversy is as to tbe true line between tbe lands owned by tbe parties to tbe action. They were owners of adjoining farms. Tbe plaintiff originally purchased tbe fractional lots comprising tbe N. W. i of section 6, containing, 'according to bis deed, 161 54-100 acres. Tbe defendant claims under parties who originally owned…

2Cases cited1 opinion

  1. Pickett v. NelsonWisconsin Supreme Court · 1888

3Cited by9 opinions

  1. Beardsley v. CraneSupreme Court of Minnesota · 1893
  2. Peters v. ReichenbachWisconsin Supreme Court · 1902
  3. Lind v. HustadWisconsin Supreme Court · 1911
  4. Anderson v. HuebelWisconsin Supreme Court · 1907
  5. Lake Geneva Beach Asso. v. AndersonWisconsin Supreme Court · 1945

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