Legal Opinion

City of La Crosse v. Cameron

Court of Appeals for the Seventh Circuit

Decided May 3, 1897No. 100PublishedCited by 6 opinions

In Error to tbe Circuit Court of tbe United States for tbe Western District of Wisconsin. This suit is in ejectment by Daniel Cameron, plaintiff below, defendant in error here, brought on the 3d day of February, 1890, to recover of the city of La Crosse the possession of an undivided five-sixths of certain premises in the city of La Crosse.

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In Error to tbe Circuit Court of tbe United States for tbe Western District of Wisconsin. This suit is in ejectment by Daniel Cameron, plaintiff below, defendant in error here, brought on the 3d day of February, 1890, to recover of the city of La Crosse the possession of an undivided five-sixths of certain premises in the city of La Crosse. The defendant below pleaded: (1) A denial of the plaintiff’s title; (2) that the land demanded was dedicated to public use as a public square by a plat made and recorded by the owners of the land in the year 1851, accepted by the public, and ever…

1Opinion of the CourtJenkins, Circuit Judge

The trial court held that under the power of attorney executed by the defendant in error no authority existed to reserve grounds for a public square, that such a use is not included within the designation of “charitable purposes,” and that the enumeration of the cases for which reservation was authorized was in exclusion of all others. The court also ruled that the lawful execution of a plat required by the statute (Rev. St. Wis. 1849, c. 41) is the acknowledgment by the proprietor before the proper officer, and that, failing strict compliance with the statute, there arises no statutory…

2Cases cited37 opinions

  1. Barney v. KeokukSupreme Court of the United States · 1877
  2. Carpenter v. DexterSupreme Court of the United States · 1869
  3. Moore v. City of WacoTexas Supreme Court · 1892
  4. Gardiner v. TisdaleWisconsin Supreme Court · 1853
  5. Sprecker v. WakeleyWisconsin Supreme Court · 1860

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3Cited by6 opinions

  1. McRae v. Bowers Dredging Co.U.S. Circuit Court for the District of Washington · 1898
  2. Abar v. RogersCalifornia Court of Appeal · 1972
  3. Sertic v. RobertsOregon Supreme Court · 1943
  4. Gratz v. Land & River Imp. Co.Court of Appeals for the Seventh Circuit · 1897
  5. Crandall v. GossIdaho Supreme Court · 1917

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