Kane v. Rock River Canal Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. Action by Alonso L. Kane, to .recover real estate. The answer of the defendants was, 1. A general denial. 2. That the said Canal Company, being invested with lawful authority for that purpose by certain acts of the legislature of the territory of Wisconsin (referred to by them titles), and finding it necessary, in the construction of the improvements authorized by said acts, to make a dam across the Milwaukee river at the…
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APPEAL from tbe Circuit Court for Milwaukee County. Action by Alonso L. Kane, to .recover real estate. The answer of the defendants was, 1. A general denial. 2. That the said Canal Company, being invested with lawful authority for that purpose by certain acts of the legislature of the territory of Wisconsin (referred to by them titles), and finding it necessary, in the construction of the improvements authorized by said acts, to make a dam across the Milwaukee river at the point mentioned in the complaint, did, in the spring and summer of the year 1889, enter upon, take possession of, and…
1Opinion of the Court
By the Court,
PAINE, J.
The only question presented on *187tbis appeal is as to tbe effect of tbe record in tbe partition suit under wbicb tbe plaintiff claims title, tbougb its decision may not determine at all tbe ultimate rights of tbe parties. It is claimed by tbe appellant, that even if tbe partition proceedings were properly taken, to bind unknown owners, yet they should be held to have bound only their interest as tenants in common, and that none of them would be precluded from afterwards coming in, and showing a paramount title in severalty to any part of tbe partitioned premises. Tbis…
2Cases cited11 opinions
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- Kempe's Lessee v. KennedySupreme Court of the United States · 1809
- Mead v. . MitchellNew York Court of Appeals · 1858
- Foot v. StevensNew York Supreme Court · 1837
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3Cited by7 opinions
- Fowler v. WoodSupreme Court of Kansas · 1906
- Central City Savings Bank v. . WalkerNew York Court of Appeals · 1876
- D'Autremont v. Anderson Iron Co.Supreme Court of Minnesota · 1908
- O'Day v. MeyersWisconsin Supreme Court · 1911
- Tucker v. WhittleseyWisconsin Supreme Court · 1889
2 more not listed; retrieve them via the Exa API.