Gilman v. Sheboygan & Fond du Lac Railroad
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond du Lac County. The complaint alleged that the plaintiff was, prior to April 29, 1859, and still is, tbe owner of certain described lands in the city of Sheboygan; that prior to that day the Sheboygan & Mississippi Railroad Company, under the provisions of its charter, entered upon, took possession of, and appropriated to its own use, for tbe purposes of its road, the said lands; that said company, its successors and assigns, have since…
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APPEAL from tbe Circuit Court for Fond du Lac County. The complaint alleged that the plaintiff was, prior to April 29, 1859, and still is, tbe owner of certain described lands in the city of Sheboygan; that prior to that day the Sheboygan & Mississippi Railroad Company, under the provisions of its charter, entered upon, took possession of, and appropriated to its own use, for tbe purposes of its road, the said lands; that said company, its successors and assigns, have since continued in such use and occupancy; that nothing has been paid therefor ; that on the 29th day of April, 1859,…
1Opinion of the CourtCole, J.
It is conceded by the counsel for the plaintiff, that *319this is an action upon a judgment. The judgment was obtained against the Sheboygan & Mississippi Railway Company, April 29, 1859, for damages awarded the plaintiff for lands taken by that company under its charter for the use of its road. In 1861 the property and franchises of that railway company were sold under a mortgage or trust deed, and the purchasers at the foreclosure sale subsequently organized and became the defendant corporation, which is operating its road over the plaintiff’s land previously appropriated by the Sheboygan &…
2Cases cited1 opinion
- Pfeifer v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1864
3Cited by9 opinions
- Midland Railway Co. v. FisherIndiana Supreme Court · 1890
- Erie & Western Railway Co. v. GriffinIndiana Supreme Court · 1883
- Cox v. Baltimore & Ohio Southwestern RailroadIndiana Supreme Court · 1913
- Gilman v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1876
- National Foundry & Pipe Works, Ltd. v. Oconto City Water Supply Co.Wisconsin Supreme Court · 1899
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