Green Bay & Mississippi Canal Co. v. Hewitt
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. Ejectment. The cause was tried by the court without a jury. The facts are stated in the opinion. contended that the language of the exception or reservation should receive the same construction as if used in a grant. French v. Carhart, 1 N. Y. 96, 103; Sliep.
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APPEAL from the Circuit Court for Outagamie County. Ejectment. The cause was tried by the court without a jury. The facts are stated in the opinion. contended that the language of the exception or reservation should receive the same construction as if used in a grant. French v. Carhart, 1 N. Y. 96, 103; Sliep. Touch. 100; Band v. Kingseote, 6 Mees. & W. 197. As to what that construction should be, see Van Horn v. Fichardson, 24 Wis. 248; 3 Wasbb. on Real Prop. 623; Miller v. Mann, 55 Yt. 478; Blake v. Ciarle, 6 Me. 439; Maddox v. Goddard, 15 id. 224; Moore v. Fletcher, 16 id. 64, 65; Whitney…
1Opinion of the CourtOetoN, J.
The facts are briefly as follows: George W. Lawe was the sole owner of an irregular tract of land lying on the northwest side of Fox river, south of the village of Kaukauna, and including the canal and lock subsequently constructed, containing about nine or ten acres. He occupied the tract for a dwelling, with a barn and outhouse, and an orchard and garden; and a fence inclosed nearly the whole tract, leaving out a road passing around the south side, and leading to and beyond a saw-mill. On the south side there was a wing-dam. leading southeasterly from the river, which brought the water to…
2Cases cited5 opinions
- Deery v. CraySupreme Court of the United States · 1870
- People ex rel. Judson v. ThacherNew York Court of Appeals · 1874
- Sanborn v. HoytSupreme Judicial Court of Maine · 1844
- Van Horn v. RichardsonWisconsin Supreme Court · 1869
- Howard v. WadsworthSupreme Judicial Court of Maine · 1825
3Cited by7 opinions
- Ogden v. Straus Building Corp.Wisconsin Supreme Court · 1925
- Word v. KuykendallCourt of Appeals of Texas · 1922
- Hemmis v. Consolidated Water Power & Paper Co.Wisconsin Supreme Court · 1921
- Jones v. HoffmanWisconsin Supreme Court · 1912
- Connor v. AndersonIndiana Court of Appeals · 1937
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