City of Racine v. Crotsenberg
Wisconsin Supreme Court
APPEAL from the Circuit Court for Hacine-ConrAj. This is an appeal from an order of the circuit court sustaining a general demurrer to the complaint. The action isp ejectment.
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APPEAL from the Circuit Court for Hacine-ConrAj. This is an appeal from an order of the circuit court sustaining a general demurrer to the complaint. The action isp ejectment. The complaint alleges that in 1855 one West,, being the owner of certain lands in the plaintiff city, platted the same, pursuant to the statute, into lots, blocks, streets, and alleys; that the premises claimed in this action are located within said plat, and are marked and designated thereon as an alley; that from the date of recording said plat until 1868 the alley wms open to public use, and used as a public highway;…
1Opinion of the CourtLyoN, J.
In Kimball v. Kenosha, 4 Wis. 321, it was set- • tied that in this state a grantee of a lot bounded by a street in a village or city, laid out, platted, and recorded in con-, formit-y with the statute, takes to the center of the street on which the lot abuts, subject to the public easement. The fee of the street is in the abutting owner, and the interest of the public therein, which the city or village holds in trust for it, is not a fee, but a mere easement. Goodall v. Milwaukee, 5 Wis. 32; Milwaukee v. Mil. & B. R. R. Co. 7 Wis. 85; Ford v. C. & N. W. R. R. Co. 14 Wis. 609.
In Gardiner v.…
2Cases cited6 opinions
- Ford v. Chicago & North Western Rail RoadWisconsin Supreme Court · 1861
- Gardiner v. TisdaleWisconsin Supreme Court · 1853
- Kimball v. City of KenoshaWisconsin Supreme Court · 1856
- Goodall v. City of MilwaukeeWisconsin Supreme Court · 1856
- City of Milwaukee v. Milwaukee & Beloit RailroadWisconsin Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Teass v. City of St. AlbansWest Virginia Supreme Court · 1893
- Fresno Etc. Co. v. Southern Pac. Etc. Co.California Supreme Court · 1901
- Pinkum v. City of Eau ClaireWisconsin Supreme Court · 1892
- City of Madison v. MayersWisconsin Supreme Court · 1897
- Hicks v. City of BluefieldWest Virginia Supreme Court · 1920
10 more not listed; retrieve them via the Exa API.