Arnold v. Volkman
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Eau Claire county: James O’Neill, Circuit Judge. This is an action in equity to quiet the title to a small piece of land, about thirty-three feet in width, in the city of Eau Claire, of which the plaintiffs claim ownership and possession and to which the defendant makes claim. The defendant, by his answer, claims title in himself, but also alleges facts which are claimed to constitute an estoppel.
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Appeal from a judgment of tbe circuit court for Eau Claire county: James O’Neill, Circuit Judge. This is an action in equity to quiet the title to a small piece of land, about thirty-three feet in width, in the city of Eau Claire, of which the plaintiffs claim ownership and possession and to which the defendant makes claim. The defendant, by his answer, claims title in himself, but also alleges facts which are claimed to constitute an estoppel. The action was tried by the court and the material facts were found, in substance, to be as follows: In the year 1870 the Eau Claire Lumber Company,…
1Opinion of the CourtWiNSlow, J.
In the present case it appears that the piece-of land in question was dedicated to the public use as a street by the then owner thereof in the year 1870, and that it was-accepted by the public and continuously used as a street until the year 1880; the plaintiffs, in 1879, having acquired' title to the parcel of land immediately adjoining the street on the south, and thereby having become owners of the south half of the street (being the parcel in dispute), subject to the-public easement thereon for street purposes. It further appears thgt the public ceased to use the premises for travel in.…
2Cases cited6 opinions
- Reilly v. City of RacineWisconsin Supreme Court · 1881
- Paine Lumber Co. v. City of OshkoshWisconsin Supreme Court · 1895
- City of Ashland v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
- Trester v. City of SheboyganWisconsin Supreme Court · 1894
- Reuter v. LaweWisconsin Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- City of Superior v. Northwestern Fuel Co.Wisconsin Supreme Court · 1917
- Klinkert v. City of RacineWisconsin Supreme Court · 1922
- Stuart v. City of NeenahWisconsin Supreme Court · 1934