University of Our Lady of the Sacred Heart v. City of Watertown
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for J efferson county; George Grimm, Circuit Judge. This action was brought to restrain defendant city of War terfown and its officers from taking possession of and using as a public street a strip of land 75 links wide and 11.37 chains long in the Third ward of the city of Watertown. One of the contentions of the plaintiff is that the strip of land in question was never dedicated to the public.
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Appeal from a judgment of the circuit court for J efferson county; George Grimm, Circuit Judge. This action was brought to restrain defendant city of War terfown and its officers from taking possession of and using as a public street a strip of land 75 links wide and 11.37 chains long in the Third ward of the city of Watertown. One of the contentions of the plaintiff is that the strip of land in question was never dedicated to the public. The court below found that the plaintiff, the University of Our Lady of the Sacred Heart, at the times mentioned in the complaint was and still is a…
1Opinion of the Court
.Kebwiít, J.
The first question .presented is whether the strip of land was ever dedicated to the public. It is clear that there was no completed common-law dedication, because no acceptance by the public. But it is insisted that there was a statutory dedication. Secs. 1, 2, 3, 4, and 5 of ch. 4/1, E. S. 1858, were in force at the time of the alleged dedication.
Sec. 1 provides that when a person wishes to lay out a town in this state, or an addition or subdivision of out-lots, such person shall cause the same to be surveyed and a plot thereof made, which shall particularly describe and set…
2Cases cited5 opinions
- City of Chicago v. DrexelIllinois Supreme Court · 1892
- Gardiner v. TisdaleWisconsin Supreme Court · 1853
- Fleischfresser v. SchmidtWisconsin Supreme Court · 1876
- Emmons v. City of MilwaukeeWisconsin Supreme Court · 1873
- Brooks v. City of TopekaSupreme Court of Kansas · 1885
3Cited by1 opinion
- Rau v. FreundWisconsin Supreme Court · 1917