12 Wis. 388 | Wis. | 1860
By the Court,
According to the maxim id cerium est quod reddi certum potest, there is no doubt or uncertainty about the extent, quantity, or boundaries of the tract of land which the plaintiff, in the complaint, alleges that he has heretofore conveyed to the defendants John L. and Sweeton C. Taft. The complaint alleges that the land conveyed is described in the deed “ as a part of the east half of the southwest quarter of section flve (5), town three (3), range eight (8), beginning on the south line of said section five (5), on. the east side of the bottom land of the creek, far enough up the bank to raise a nine foot head to a mill standing by the bridge on section eight, thence up the bottom land one hundred rods, to include all the bottom land on both sides of the creek within the above mentioned bounds, be the same more orless.” It appears from the complaint that there is a creek, known as a branch of Sugar river, running through the half quarter section mentioned, and that it passes thence through a portion of the adjoining section eight, and that near by, on section eight, there is a mill site, upon which the defendants Tafts have erected a dam and put in operation a mill. It seems very evident to us, that the several matters which are thus alleged to be contained in the deed, are matters of description merely, used by the parties for the purpose of ascertaining the location, extent and boundaries of the land conveyed; and that, when construed with reference to these well known external facts and circumstances, the deed is
The order of the circuit court overruling the demurrer, must therefore be affirmed, with costs.