Welton v. Poynter

• Decision Date: 21 May 1897
• Citation: 96 Wis. 346,71 N.W. 597
• Parties: WELTON v. POYNTER ET AL.
• Court: Wisconsin Supreme Court

96 Wis. 346

71 N.W. 597

WELTON

v.POYNTER ET AL.

Supreme Court of Wisconsin.

May 21, 1897.

Appeal from circuit court, Richland county; George Clementson, Judge.

Action by O. S. Welton against Elizabeth A. Poynter and others. Judgment for defendants, and plaintiff appeals. Affirmed.Miner & Miner and L. H. Bancroft, for appellant.

F. W. Burnham, for respondents.

WINSLOW, J.

This is an action of ejectment for a piece of farm land about 5 rods in width and 15 rods in length. The question is really one of the location of the boundary line between the plaintiff and defendants. The plaintiff's lands are west of, and immediately adjoining, the defendants' lands. The plaintiff's line on the east, according to his deed and the deeds of all his grantors for nearly 30 years, is a north and south line 8 rods east of a certain quarter-section line. For the same length of time this line has been supposed to be marked by a fence which stands 8 rods east of a line which for the same length of time, and probably longer, has been reputed to be the said quarter-section line. The occupation of the plaintiff and his grantors for nearly 30 years has been up to this fence, and no further, without controversy. Other conveyances of land in the same and the adjoining quarter section have been made with reference to this reputed quarter-section line, and fences built in accordance therewith, which have stood many years, and still stand. There is no evidence as to the existence of any stakes or bearing trees, or other monuments showing the original location of the line. In 1895 a survey was made by the county surveyor, and he testified that he located the line five rods east of its ancient reputed location; but he does not state how he located it, from what point he started, or whether he...