Weisbrod v. Chicago & North-western Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Ejectment for a strip of land in Broad street, in the city of Oshkosh. A report of the decision of this court upon a former appeal will he found in 18 Wis., 85, to which reference is made.
Read the full summary
APPEAL from the Circuit Court for Winnebago County. Ejectment for a strip of land in Broad street, in the city of Oshkosh. A report of the decision of this court upon a former appeal will he found in 18 Wis., 85, to which reference is made. On the second trial the plaintiff was permitted, against objection, to testify that on the former trial, M. A. Ed-monds, Esq., the defendant’s attorney, stated “that if the plaintiff was entitled to recover, the measure of damages was the amount claimed in the complaintand also testified that this admission was not restricted to that trial; and the jury…
1Opinion of the CourtDixon, C. J.
The former opinion in this case (18 Wis., 85) as to the effect of the recording of the plats and the sale of lots according to them as there stated, is adhered to, and is to be taken for just what it decides: namely, that Miller, and those claiming title under him to lots on the west side of Broad street, are estopped from setting up title beyond the center line of that street, as against persons who purchased lots on the opposite side of the street after the plats were recorded and without actual notice of Miller’s title to the strip of land in the center of the street not indicated by the…
2Cases cited1 opinion
- Kelley v. City of MilwaukeeWisconsin Supreme Court · 1864
3Cited by4 opinions
- Frederick v. Douglas CountyWisconsin Supreme Court · 1897
- Thorndike v. Milwaukee Auditorium Co.Wisconsin Supreme Court · 1910
- Brown v. NeilsonNebraska Supreme Court · 1901
- Long v. HinesSupreme Court of Kansas · 1888