Ne-pee-nauk Club v. Wilson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for G-reen Lake county: Geo. ■ W. BuRNell, Circuit Judge. The action is in equity to restrain trespass to lands. The plaintiff claims to be the owner of certain lands in the county of Green Lake, which border upon a shallow body of water or marsh popularly known as “ Mud Lake.” It claims, by virtue of such riparian ownership, to be the owner of Mud Lake itself.
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Appeal from a judgment of the circuit court for G-reen Lake county: Geo. ■ W. BuRNell, Circuit Judge. The action is in equity to restrain trespass to lands. The plaintiff claims to be the owner of certain lands in the county of Green Lake, which border upon a shallow body of water or marsh popularly known as “ Mud Lake.” It claims, by virtue of such riparian ownership, to be the owner of Mud Lake itself. The lands under Mud Lake are valuable only for the privilege which the lake affords for fishing and the hunting of wild fowl, and for such exercise and recreation. The lake is shallow, so…
1Opinion of the CourtNewMAN, J.
The only question in the case is whether the so-called “ Mud Lake ” is a natural, permanent,, inland body of water, such as is not properly a watercourse, and meandered by the government surveyors; for, if it is a natural inland body of water which is not properly a watercourse, the title of the riparian owner stops at the water line, and the title to the land which is under the water is in the state. This court has laid down one" rule for running water, and another for lakes and ponds. In the former case the riparian owner owns to the thread of the current; in the latter, to the water line.…
2Cases cited5 opinions
- Hardin v. JordanSupreme Court of the United States · 1891
- Diedrich v. Northwestern Union Railway Co.Wisconsin Supreme Court · 1877
- Gouverneur v. National Ice Co.New York Court of Appeals · 1892
- McLennan v. PrenticeWisconsin Supreme Court · 1893
- Boorman v. SunnuchsWisconsin Supreme Court · 1877
3Cited by24 opinions
- United States v. OregonSupreme Court of the United States · 1935
- Illinois Steel Co. v. BilotWisconsin Supreme Court · 1901
- Diana Shooting Club v. HustingWisconsin Supreme Court · 1914
- Mendota Club v. AndersonWisconsin Supreme Court · 1899
- State v. JackmanWisconsin Supreme Court · 1973
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