Horner v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du, Lac County. Action to recover certain lands in the city of Ripon, part and parcel of the W. 1-2 of the N. E. 1-4 of sec. 21, town 16 N., range 14 E. Complaint in the usual form; answer, a general denial On the trial the following stipulation of facts, signed by the parties, was read in evidence; 111. The west half of the northeast quarter of section twenty-one, town sixteen, range fourteen, was granted to Mary Eleanor Watson, by…
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APPEAL from the Circuit Court for Fond du, Lac County. Action to recover certain lands in the city of Ripon, part and parcel of the W. 1-2 of the N. E. 1-4 of sec. 21, town 16 N., range 14 E. Complaint in the usual form; answer, a general denial On the trial the following stipulation of facts, signed by the parties, was read in evidence; 111. The west half of the northeast quarter of section twenty-one, town sixteen, range fourteen, was granted to Mary Eleanor Watson, by patent from the United States on the — day of -, 18' — ; and the premises described in the complaint in this action are a…
1Opinion of the CourtLyon, J.
It is cláimed on behalf of the plaintiff, that the clauses in the deed from Mary Eleanor Watson to the Milwaukee & Horicon Eailroad Company expressing the purposes for which the lands conveyed thereby were to be used, are conditions subsequent, a breach of which might work- a forfeiture of such lands. This action is brought upon that theory, and the most important, if not the controlling question to be determined, is, whether those clauses are conditions. The principles or rules of law which are believed to be conclusive upon that question, will be briefly stated.
1. Although there are…
2Cases cited2 opinions
- Strong v. DotyWisconsin Supreme Court · 1873
- Hannan v. OxleyWisconsin Supreme Court · 1868
3Cited by35 opinions
- Bogie v. BogieWisconsin Supreme Court · 1876
- Ritchie v. Kansas, Nebraska & Dakota Railway Co.Supreme Court of Kansas · 1895
- Farnham v. ThompsonSupreme Court of Minnesota · 1885
- Lawe v. HydeWisconsin Supreme Court · 1876
- Cleveland, Columbus, Cincinnati & Indianapolis Railway Co. v. CoburnIndiana Supreme Court · 1883
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