Walterman v. Village of Norwalk
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Monroe' county: Cuestes A. Fowlee, Judge. Action for a mandatory injunction. The findings of fact indicate the issues presented for determination. The substance thereof is as follows: In 1895, Eugene Sullivan owned and possessed lots 7, 8, 9, and 10 of block 3 of the village of Norwalh. Plaintiff acquired title thereto sometime before commencement of this action and ever since has continued to be the owner thereof.
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Appeal from a judgment of the circuit court for Monroe' county: Cuestes A. Fowlee, Judge. Action for a mandatory injunction. The findings of fact indicate the issues presented for determination. The substance thereof is as follows: In 1895, Eugene Sullivan owned and possessed lots 7, 8, 9, and 10 of block 3 of the village of Norwalh. Plaintiff acquired title thereto sometime before commencement of this action and ever since has continued to be the owner thereof. While Sullivan owned the lots the village board caused a building to be constructed for municipal purposes in the street in front…
1Opinion of the Court
*667The-f ollomiig opinion was filed January 31, 1911:
Mabshall, J.
Assuming, for the moment, that the person under whom respondent claims title by grant or license in writing, privileged appellant to place the building on his land within the boundaries of the street, and that respondent subsequently, as the fact is, with full knowledge of the situation, came to the ownership of the premises, it is very difficult, if not impossible, to perceive any efficient reason why the surrender of the mere private right, which is the only one involved in this case, is not binding on him. We know of no. law,…
2Cases cited5 opinions
- Amestoy v. Elec. Rapid Transit Co.California Supreme Court · 1892
- Thoemke v. FiedlerWisconsin Supreme Court · 1895
- Huber v. StarkWisconsin Supreme Court · 1905
- Adee v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Adee v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by5 opinions
- Eastman v. PiperCalifornia Court of Appeal · 1924
- Schmoldt v. LoperWisconsin Supreme Court · 1921
- Jones v. HoffmanWisconsin Supreme Court · 1912
- Pennsylvania Rd. Co. v. Kearns, RecorderOhio Court of Appeals · 1943
- Sigel v. Buccaneer Hotel Co.Court of Appeals of Texas · 1931