Towne v. Salentine
Wisconsin Supreme Court
Appeal'from a judgment of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. On the 18th day of September, 1876, John Nazro owned lots 12, 13, and 14 in block 27, in the Fifth ward of the city of Milwaukee. Each lot was fifty feet wide, and fronted on Reed street. The three together constituted a tract 150 feet wide by 160 feet long, bounded by Reed street on the west, by Yirginia street on the north, and a public alley on the east.
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Appeal'from a judgment of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. On the 18th day of September, 1876, John Nazro owned lots 12, 13, and 14 in block 27, in the Fifth ward of the city of Milwaukee. Each lot was fifty feet wide, and fronted on Reed street. The three together constituted a tract 150 feet wide by 160 feet long, bounded by Reed street on the west, by Yirginia street on the north, and a public alley on the east. On the day named Nazro conveyed a portion of said land to Joseph Burnham by deed describing the tract conveyed as follows: “The west 105 feet…
1Opinion of the CourtMabshall, J.
Several questions are presented by the exceptions to the findings of the trial court and the order for *407•judgment. The first in order is that the deed from Kazro •to Burnham conveyed only an easement; hence that plaintiff, claiming under that title, never was the owner of the 12-l-ioot strip, or had any interest therein, except that of an ■easement. This claim is based on the principle that in the «construction of a deed the part excepted from the grant is Reid to be 'something ,not granted and which does not pass . at all from the grantor making the exception, unliké a reservation, which is…
2Cases cited10 opinions
- Orton v. NoonanWisconsin Supreme Court · 1870
- Rich v. ZeilsdorffWisconsin Supreme Court · 1868
- Hamilton v. City of Fond Du LacWisconsin Supreme Court · 1870
- Potts v. CooleyWisconsin Supreme Court · 1881
- Siegel v. Supervisors of Outagamie CountyWisconsin Supreme Court · 1870
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- Clearwater Timber Co. v. Shoshone CountyU.S. Circuit Court for the District of Idaho · 1907
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