Barkhausen v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeals from an order of tbe circuit court for Manitowoc county: Michael KiewaN, Circuit Judge. Eor many years prior to February, 1903, William Einne-gan owned a tract of land in Brown county fronting on the Fox river. It appeared from the testimony that the land was valuable for manufacturing sites, owing to its proximity to. the city of Green Bay and the Eox river.
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Appeals from an order of tbe circuit court for Manitowoc county: Michael KiewaN, Circuit Judge. Eor many years prior to February, 1903, William Einne-gan owned a tract of land in Brown county fronting on the Fox river. It appeared from the testimony that the land was valuable for manufacturing sites, owing to its proximity to. the city of Green Bay and the Eox river. On February 9, 1903, Finnegan deeded a portion of this parcel of land to the petitioner, Barkhausen, excepting two strips, each 274 feet in width, one on the north and one on the south of the parcel conveyed to Barkhamen. Prior…
1Opinion of the Court
The following opinion was filed February 1, 1910:
BaeNes, J.
By his deed of conveyance to Barkhausen, Finnegan conveyed all of a certain described parcel of land except two strips, each 214 feet in width, one lying immediately north and the other immediately south of the parcel conveyed. The deed was silent as to the ownership of these two parcels. It did not expressly state that the right-of-way clause was inserted therein because of the benefit that would result therefrom to the parcels of land in question or to either of them. The writing was sufficiently ambiguous to warrant the admission…
2Cases cited22 opinions
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- Karmuller v. KrotzSupreme Court of Iowa · 1865
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