Smith v. City of Beloit
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Kock county: B. E. DuNwiddie, Circuit Judge. This is an action to quiet the title to lands fronting on Public avenue, in Beloit, and to establish the boundaries of that avenue, and for a mandatory injunction.
Read the full summary
Appeal from a judgment of the circuit court for Kock county: B. E. DuNwiddie, Circuit Judge. This is an action to quiet the title to lands fronting on Public avenue, in Beloit, and to establish the boundaries of that avenue, and for a mandatory injunction. The respective defendants answered by way of admissions, denials and counter allegations, and prayed a dismissal of the complaint, and some of them by way of counterclaim alleged that the plaintiff’s buildings were in such avenue, and sought to have them removed therefrom and for an injunction to maintain the avenue, as claimed by them,…
1Opinion of the CourtCassoday, C. J.
The questions presented in the voluminous record include some which are necessarily preliminary to the principal question, which, as stated by plaintiff’s counsel, is as to where the lawful boundaries of Public avenue are located.
1. It is Conceded that Crane entered all the lands in controversy November 26, 1838, but that he did not get any patent therefor from the United States until May 9, 1842. The question recurs whether, upon obtaining and recording that patent, the deed which Crane had given to Kidder September 26,1839, and the deed which he had given to Kearney May 14, 1840, vested in…
2Cases cited32 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
- Moose v. . CarsonSupreme Court of North Carolina · 1889
- Quicksall v. City of PhiladelphiaSupreme Court of Pennsylvania · 1896
27 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Galewski v. NoeWisconsin Supreme Court · 1954
- Kirkland v. City of TampaSupreme Court of Florida · 1918
- Johnston v. LonstorfWisconsin Supreme Court · 1906
- Miller v. City of WauwatosaWisconsin Supreme Court · 1979
- Klinkert v. City of RacineWisconsin Supreme Court · 1922
7 more not listed; retrieve them via the Exa API.