Chandos v. Mack
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wood County. Ejectment. The answer admits that the defendants are in possession of the land, but denies that the plaintiff has any title or interest therein or any right to the possession thereof, and alleges that the same is a part of the public domain of the United States. The case was tried by the court, a jury having been waived. The facts will sufficiently appear from the opinion.
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APPEAL from the Circuit Court for Wood County. Ejectment. The answer admits that the defendants are in possession of the land, but denies that the plaintiff has any title or interest therein or any right to the possession thereof, and alleges that the same is a part of the public domain of the United States. The case was tried by the court, a jury having been waived. The facts will sufficiently appear from the opinion. The defendants appeal from a judgment in favor of the plaintiff. They contended, inter alia, that it is settled by the laws of the United States that proprietors of lands…
1Opinion of the CourtCole, C. J.
There is no dispute about tbe facts in this case, but tbe counsel disagree as to tbe law arising upon those facts. Tbe action is ejectment, brought by tbe plaintiff’s intestate, who claimed to be tbe owner, as riparian proprietor, of an island in tbe Wisconsin river, a navigable stream. She held and owned under various mesne conveyances tbe title derived from tbe general government of lot 4 in section 8 and lot 3 in section 17, township 22, range 6 east, which lots be on tbe main west bank of tbe river, opposite to tbe island in controversy. She claimed that she was entitled to tbe…
2Cases cited3 opinions
- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
- Schurmeier v. St. Paul & Pacific RailroadSupreme Court of Minnesota · 1865
- Middleton v. PritchardIllinois Supreme Court · 1842
3Cited by17 opinions
- Johnson v. JohnsonIdaho Supreme Court · 1908
- State Ex Rel. Skinkis v. TreffertCourt of Appeals of Wisconsin · 1979
- Butler v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1891
- Franzini v. LaylandWisconsin Supreme Court · 1903
- T. L. Wright Lumber Co. v. Ripley CountySupreme Court of Missouri · 1917
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