Winnebago Paper Mills v. Kimberly-Clark Co.
Wisconsin Supreme Court
Appeals from a judgment of tbe circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. This is an action of ejectment brought to recover possession óf a parcel of land formerly used as a lock for the passage of boats from a point above the dam in the Fox river at Neenah to Little Lake Butte des Morts.
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Appeals from a judgment of tbe circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. This is an action of ejectment brought to recover possession óf a parcel of land formerly used as a lock for the passage of boats from a point above the dam in the Fox river at Neenah to Little Lake Butte des Morts. The lock in question fell into disuse after the year 1862, when the government of the United States constructed a channel for the passage of boats on the Menasha side of the river. The lock was gradually filled up from 1884 to 1890. Other material facts are stated in the opinion. The…
1Opinion of the CourtBarnes, J.
This being an action of ejectment the plaintiff must prevail, if at all, on the strength of its own title, not *427upon tbe weakness of tbat of its adversary. Tbe plaintiff claims title. So does tbe defendant. Both claim tbrougb a common grantor. Defendant also asserts tbat, if tbe title is-not vested in it, it is vested in a third party not before tbe court. It is not material for tbe decision of tbis case where-tbe title is, provided it is not in tbe plaintiff.
On March 14, 1870, James Bassett and Abigail Bassett executed a quitclaim deed of tbe lock in dispute to Hungerford and Daniels, tbrougb…
2Cases cited2 opinions
- Genesee Valley Canal Railroad v. SlaightNew York Supreme Court · 1888
- Bishop v. SeeleySupreme Court of Connecticut · 1847