Legal Opinion

Johnston v. Lonstorf

Wisconsin Supreme Court

Decided April 17, 1906PublishedCited by 12 opinions

Appeal from an order of tlie circuit court for Milwaukee county: Wareen D. Tarrant, Circuit Judge. This is an appeal from an order dissolving a temporary injunction restraining the defendants from vacating and closing np the portion of the public alley west of Twenty-third street upon which the lots of the respective plaintiffs akut.

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Appeal from an order of tlie circuit court for Milwaukee county: Wareen D. Tarrant, Circuit Judge. This is an appeal from an order dissolving a temporary injunction restraining the defendants from vacating and closing np the portion of the public alley west of Twenty-third street upon which the lots of the respective plaintiffs akut. The portion of the alley in question is in a block bounded on the north by Grand avenue, on the east by Twenty-third street, on the south by Sycamore street, and on the west by Twenty-fourth street, and is twenty-five feet wide, and is located about half way…

1Opinion of the Court

Cassoday, O. J.

It is conceded that the recording of the plat of Grand Avenue Heights addition in 1883 dedicated to the public use the streets and alleys marked thereon as such. Pettibone v. Hamilton, 40 Wis. 402; Tilly v. Mitchell & L. Co. 121 Wis. 1, 6, 98 N. W. 969. The plaintiffs respectively purchased the lots mentioned by the description of the same as given on said plat. It has long been settled in this state that the owner of a lot bounded by a public street within a recorded village or city plat takes title to the center of the street, subject to the public easement. Kimball v.…

2Cases cited31 opinions

  1. Moose v. . CarsonSupreme Court of North Carolina · 1889
  2. Pearsall v. Board of SupervisorsMichigan Supreme Court · 1889
  3. Tilly v. Mitchell & Lewis Co.Wisconsin Supreme Court · 1904
  4. Town of Rensselaer v. LeopoldIndiana Supreme Court · 1886
  5. Common Council v. CroasIndiana Supreme Court · 1855

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3Cited by12 opinions

  1. Witherall v. StraneSupreme Court of Alabama · 1956
  2. Miller v. City of WauwatosaWisconsin Supreme Court · 1979
  3. Chicago & Northwestern Railway Co. v. Railroad CommissionWisconsin Supreme Court · 1918
  4. In re HayesWisconsin Supreme Court · 1909
  5. Poff v. LockhartWisconsin Supreme Court · 1963

7 more not listed; retrieve them via the Exa API.

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