Jarstadt v. Morgan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Manitowoc County. Ejectment. Defendant appealed from a judgment in favor of the plaintiff. The case is sufficiently stated in the opinion. 1. Both the deed under which plaintiff claims, and that under which defendant claims, refer to the village plat of Clark’s Mills; and defendant’s deed was duly recorded several years before plaintiff’s was executed.
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APPEAL from the Circuit Court for Manitowoc County. Ejectment. Defendant appealed from a judgment in favor of the plaintiff. The case is sufficiently stated in the opinion. 1. Both the deed under which plaintiff claims, and that under which defendant claims, refer to the village plat of Clark’s Mills; and defendant’s deed was duly recorded several years before plaintiff’s was executed. Therefore, not only did defendant acquire title to the south half of River street, but the plaintiff made his subsequent purchase with notice of that fact. Negar v. 0. <& N. W. Railway Co., 26 Wis., '624;…
1Opinion of the CourtCole, J.
The land which the plaintiff seeks to recover in this case, is a strip laid out and designated on the plat of the Tillage of Clark’s Mills as “ Eiver street.” The defendant owns lots in block 1, abutting on the north on this street. Both parties claim under conveyances from Stephen S. Clark, one of the original proprietors, who made the plat. On the part of the plaintiff it is said that the plat was not properly certified and acknowledged so as to entitle it to record, and therefore did not operate as a grant of the land to the public for a street, and that he took the same under his…
2Cases cited9 opinions
- Fox v. Union Sugar RefineryMassachusetts Supreme Judicial Court · 1872
- Weisbrod v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1864
- Weisbrod v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1867
- Fleischfresser v. SchmidtWisconsin Supreme Court · 1876
- Vilas v. ReynoldsWisconsin Supreme Court · 1858
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Gulf Production Co. v. Continental Oil Co.Texas Supreme Court · 1939
- Snoddy v. BolenSupreme Court of Missouri · 1894
- Paine v. Consumers' Forwarding & Storage Co.Court of Appeals for the Sixth Circuit · 1895
- Anderson v. Citizens Sav. & Tr. Co.California Supreme Court · 1921
- Neil v. Independent Realty Co.Supreme Court of Missouri · 1927
13 more not listed; retrieve them via the Exa API.