Nature of the Case
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Facts
P alleged that she owned certain property described as Stevens Point. In 1881, D built a dike for flood control. P sued as the dike impaired her ingress and egress from the land and water from the Wisconsin River was backed up on her land. P sued for $700. The evidence showed that the dike was built in 1855, rebuilt in 1880 and again in 1881. Each time it was rebuilt it grew higher. P undertook to tracer her title from the original U.S. patent to herself. Two deeds in the chain were actually recorded but not entitled to be recorded because they were attested to by only one witness. D objected to entry into evidence of certified copies. P was thus unable to prove a complete chain of title. D offered no evidence of title in any other person. The trial judge instructed the jury that P had to prove title, but also told them that if she was in possession under claim of paper title, she could recover. The jury gave the verdict to P and D appealed.
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