160 Wis. 600 | Wis. | 1915
The following opinion was filed January 12, 1915:
In this action of ejectment the plaintiff claimed a strip of land along the western boundary of lots 1Y, 18, 19, and 20 in block 2 of the plat of the city of Seymour in Outa-gamie county. This strip of land is alleged to be fourteen feet wide at its southern extremity on the south boundary line of lot 20 and nineteen feet wide at its northern extremity on the north boundary line of lot 1Y. The defendant owns land
“Commencing at the southwest corner of lot 25, block 2, Seymour, running. north 627 feet, west 30 feet, south 627 feet, east 30 feet to the place of beginning.”
The land so described lies wholly west of block 2, while the lots claimed by the plaintiff are in block 2. Mr. Vinal, a surveyor for the plaintiff, by chaining from the stone mentioned west the proper distance for the southwest comer of lot 25, block 2, or the east boundary of street X, then running north on the proper bearing, established a prima, facie case showing that the disputed strip was within the west boundary of block 2. Mr. Braun, a surveyor for the defendant, started at the same stone, but ran north along the east section line of section 29 the proper distance, then ran west along the street Y, which has, since platting, acquired the name of Eagle street, but stopped fourteen feet short of the distance shown by figures on the original plat, and there attempted to estab
A few elementary principles of law will dispose of the case. No monuments contradicting the measurements given on the plat and no substantial reason being shown to establish their inaccuracy, the plat must control. Lampe v. Kennedy, 45 Wis. 23; Racine v. J. I. Case P. Co. 56 Wis. 539, 14 N. W. 599.
The proof of platting by Cyrus Reed is defective because of the lack of his signature to the acknowledgment. He did, however, convey pursuant to this plat, referring to it in the deeds, and thereby made the plat an essential part of the description found in the deed. Jarstadt v. Morgan, 48 Wis. 245, 4 N. W. 27. In the last mentioned case it is held that when the owner of land conveys by description found in a defective plat containing abutting streets, the grantee in such conveyance takes as against the grantor and his assigns to the center of the street upon which the lot abuts. See, also, Shufeldt v. Spaulding, 37 Wis. 662; Andrews v. Youmans, 78 Wis. 56, 47 N. W. 304; Racine v. J. I. Case P. Co., supra; McFarland v. Lindekugel, 107 Wis. 474, 83 N. W. 757.
Our conclusion is that the plaintiff has shown a good paper title to lots 17, 18, 19, and 20 of block 2 of the original plat of the city of Seymour, including the strip in dispute, and that the defendant has shown no paper title thereto. Whether the plaintiff has any title to the center of X street we need not speculate. The defendant has a conveyance under Reed which carries him as far east as the west boundary of the lots in question, and it may be that as to land west of the west boundary of the lots in question he has title by adverse pos
The period of adverse possession is shortened to ten years only as to “the premises included in such instrument or some part of such premises.” Sec. 4211, supra. Rulings in admitting evidence or instructions given or refused cannot be considered in a case like this, where the prevailing party in the court below was entitled to have a verdict directed in his favor. Under such circumstances such rulings are nonpreju
By the Court. — Judgment affirmed.
A motion for a rebearing was denied, with $25 costs, on May 4, 1915.