Kelly v. Green Bay, Winona & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Outagamie County. It appears from tbe record that this action was brought to foreclose a land contract executed by B. 0. Thompson to tbe Green Bay & Labe Pepin Railroad Company, June 1r 1870, upon tbe lands therein described, to be occupied, and ■which were in fact occupied, by the said last named company, and the defendant as its successor, for depot grounds, right of way, etc., and which contract was in consideration of $500, to be paid…
Read the full summary
APPEAL from tbe Circuit Court for Outagamie County. It appears from tbe record that this action was brought to foreclose a land contract executed by B. 0. Thompson to tbe Green Bay & Labe Pepin Railroad Company, June 1r 1870, upon tbe lands therein described, to be occupied, and ■which were in fact occupied, by the said last named company, and the defendant as its successor, for depot grounds, right of way, etc., and which contract was in consideration of $500, to be paid within two years from the date thereof, and was recorded November 16, 1870; that November 16, 1871, the said E. C.…
1Opinion of the CourtCassoday, J.
This being an equitable action, tried wholly by the court, the errors assigned by reason of the alleged admission of incompetent, irrelevant, and immaterial evidence, are unavailable, and require no consideration. The court found that each and every allegation of the answer was true. This finding seems to be sustained by the evidence. The very object of the contract of June 7, 1870, between Thompson and the railway company, was to procure the lands therein described for road-bed, depot, and other purposes. It was the duty of Nelly, as agent, superintendent, and general manager of the company,…
2Cases cited11 opinions
- Speidel v. HenriciSupreme Court of the United States · 1887
- Landsdale v. SmithSupreme Court of the United States · 1882
- MacKall v. CasilearSupreme Court of the United States · 1890
- Sheldon v. RockwellWisconsin Supreme Court · 1859
- Meade v. GilfoyleWisconsin Supreme Court · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Frey v. Duluth, South Shore & Atlantic Railway Co.Wisconsin Supreme Court · 1895
- Bartlett Trust Co. v. ElliottDistrict Court, E.D. Missouri · 1929
- Taylor v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1892