Williams v. City of Oconomowoc
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Waukesha county: MautiN L. Luece, Circuit Judge. . Tbe complaint alleges tbe corporate character of tbe defendant; tbat tbe plaintiff and one Lora L. Yan Alstine were on tbe 24th day of December, 1910, tbe owners in fee simple of tbe lands described; tbat on said date tbe plaintiff and tbe said Lora L. Van Alstine entered into a written agreement with tbe defendant in tbe form of a proposition and acceptance thereof by tbe common…
Read the full summary
Appeal from an order of tbe circuit court for Waukesha county: MautiN L. Luece, Circuit Judge. . Tbe complaint alleges tbe corporate character of tbe defendant; tbat tbe plaintiff and one Lora L. Yan Alstine were on tbe 24th day of December, 1910, tbe owners in fee simple of tbe lands described; tbat on said date tbe plaintiff and tbe said Lora L. Van Alstine entered into a written agreement with tbe defendant in tbe form of a proposition and acceptance thereof by tbe common council for tbe dedication of tbe lands hereinafter described as a public park, and pursuant thereto the plaintiff' and…
1Opinion of the Court
Tbe following opinion was filed February 5, 1918:
Rosewberry, J.
From tbe facts set forth in tbe complaint it appears that plaintiff claims title to said premises by reason of tbe breach of a condition subsequent contained in tbe deed, and in such circumstances this court bas held that tbe plaintiff should proceed by an action at law. Mash v. Bloom, 130 Wis. 366, 110 N. W. 203, 268. However this may be, tbe facts necessary to state a good cause of ac*284tion in ejectment appearing, the court should not have sustained the demurrer, but should have overruled it. Sec. 2649a, Stats. 1911. The prayer…
2Cases cited5 opinions
- Boorman v. SunnuchsWisconsin Supreme Court · 1877
- Danforth v. City of OshkoshWisconsin Supreme Court · 1903
- Beurhaus v. ColeWisconsin Supreme Court · 1897
- North Side Loan & Building Society v. NakielskiWisconsin Supreme Court · 1906
- Mash v. BloomWisconsin Supreme Court · 1907
3Cited by8 opinions
- Trade Press Publishing Co. v. Milwaukee Typographical Union No. 23Wisconsin Supreme Court · 1923
- McIntyre v. CarrollWisconsin Supreme Court · 1927
- State Ex Rel. Dame v. LefevreWisconsin Supreme Court · 1947
- Matson v. Town of CaledoniaWisconsin Supreme Court · 1929
- Douglass v. RansomWisconsin Supreme Court · 1929
3 more not listed; retrieve them via the Exa API.