Maginnis v. Knickerbocker Ice Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Racine county: Frank M. Fish, Circuit Judge. Action to restrain a continuous nuisance.
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Appeal from a judgment of the circuit court for Racine county: Frank M. Fish, Circuit Judge. Action to restrain a continuous nuisance. The complaint states, in substance, that plaintiff was the owner in fee simple and in possession of certain lands described, situated in Eacine county, Wisconsin; that defendants constructed a spur railroad track thereon, leading from the main track of the GMcago, Mihoauleee c& St. Paul Raikoay Company southeasterly of said land, in a northwesterly direction to the boundary line thereof, and intends to enter upon and permanently occupy said premises for said…
1Opinion of the CourtMarshall, J.
The statement of facts shows that, though there was no controversy but 'that Uhen conveyed the land to Boyle upon conditions subsequent which were breached, and reclaimed the property by a distinct assertion of his rights — so far as a reclaimer thereof was possible under the circumstances — before the conveyance to appellant, it was held that his first grantee was the owner of the property and entitled to recover costs of the appellant. That conclusion vtas reached upon several grounds which we will consider.
The principal reason suggested, why it was supposed appellant was not entitled to…
2Cases cited17 opinions
- Klein v. Insurance Co.Supreme Court of the United States · 1881
- Lawe v. HydeWisconsin Supreme Court · 1876
- Gates v. ParmlyWisconsin Supreme Court · 1896
- Seeman v. BiemannWisconsin Supreme Court · 1900
- Ludlow v. New-York & Harlem RailroadNew York Supreme Court · 1852
12 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Glocke v. GlockeWisconsin Supreme Court · 1902
- Seeck v. JakelOregon Supreme Court · 1914
- Cesar v. VirginSupreme Court of Alabama · 1921
- Bredell v. KerrSupreme Court of Missouri · 1912
- City of Lafayette v. KeenIndiana Court of Appeals · 1943
26 more not listed; retrieve them via the Exa API.