Pettibone v. Hamilton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. This action was brought to perpetually restrain the defendants from closing up or building upon a strip of land in the city of Eond du Lac, known as “ Darling Place.” A temporary injunction to that effect was granted. The defendants moved upon the complaint, answer, and certain affidavits, to dissolve such injunction. On the hearing, plaintiffs read additional affidavits in opposition to the motion.
Read the full summary
APPEAL from the Circuit Court for Fond du Lao County. This action was brought to perpetually restrain the defendants from closing up or building upon a strip of land in the city of Eond du Lac, known as “ Darling Place.” A temporary injunction to that effect was granted. The defendants moved upon the complaint, answer, and certain affidavits, to dissolve such injunction. On the hearing, plaintiffs read additional affidavits in opposition to the motion. The pleadings and affidavits show the following facts: In May, 1864, Dr. Mason 0. Darling, who was then the sole owner of block C in Darling’s…
1Opinion of the CourtLyon, J.
I. In Kimball v. The City of Kenosha, 4 Wis., 321, decided in 1855, it was held that the grantee of a lot bounded by a public street in a recorded town plat, whether the lot is designated in the conveyance thereof by its number on the plat or by some other appropriate description, takes to *411the center of such street, subject only to the public easement, unless the street is expressly excluded from the grant by something appearing upon the plat, or by the terms of the conveyance. This doctrine has since been repeatedly reaffirmed by this court, and is now too firmly established to be disputed…
2Cases cited5 opinions
- Kimball v. City of KenoshaWisconsin Supreme Court · 1856
- Williams v. SmithWisconsin Supreme Court · 1868
- Goodall v. City of MilwaukeeWisconsin Supreme Court · 1856
- Walker v. ShepardsonWisconsin Supreme Court · 1853
- Mariner v. SchulteWisconsin Supreme Court · 1861
3Cited by38 opinions
- Linden Land Co. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1900
- Tilly v. Mitchell & Lewis Co.Wisconsin Supreme Court · 1904
- Gill v. City of Lake CharlesSupreme Court of Louisiana · 1907
- Norcross v. GriffithsWisconsin Supreme Court · 1886
- ROSS v. FaustIndiana Supreme Court · 1876
33 more not listed; retrieve them via the Exa API.