Legal Opinion

Orton v. Noonan

Wisconsin Supreme Court

Decided January 15, 1865PublishedCited by 5 opinions

APPEAL from the Circuit Court for Racine County. Ejectment, for a piece of land described in the complaint as follows: “beginning at the south end of the mill race in the west line of lot 3, block 1, in the village of Humboldt, and running thence south 38J degrees east, on the west line of said lot 8, to lot 4, thence westerly at right angles to said line of lot 3 about fifty feet, thence north 38J degrees west, at right angles to the last mentioned line, to the mill race…

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APPEAL from the Circuit Court for Racine County. Ejectment, for a piece of land described in the complaint as follows: “beginning at the south end of the mill race in the west line of lot 3, block 1, in the village of Humboldt, and running thence south 38J degrees east, on the west line of said lot 8, to lot 4, thence westerly at right angles to said line of lot 3 about fifty feet, thence north 38J degrees west, at right angles to the last mentioned line, to the mill race aforesaid, thence easterly along the end of said race to the place of beginning, being a part of that tract of land…

1Opinion of the Court

*355By the Court,

Cole, J.

In our view many of tbe questions so fully discussed by tbe counsel for tbe respondents are not before us on this appeal. Tbe great burden of bis argument was directed to establish tbe proposition that tbe entire strip of land marked upon tbe plat and described in tbe pleadings and evidence as “ reserved by proprietors,” was originally devoted by tbe proprietors for tbe perpetual use and accommodation of tbe owners of tbe river lots for all tbe purposes incident to any manufacturing business that should be carried on upon said lots. And it being assumed that tbe ease…

2Cases cited1 opinion

  1. Sexton v. RhamesWisconsin Supreme Court · 1860

3Cited by5 opinions

  1. Adams Express Co. v. HarrisIndiana Supreme Court · 1889
  2. Perkins v. MorseSupreme Court of Minnesota · 1882
  3. McDonald v. HannahCourt of Appeals for the Ninth Circuit · 1894
  4. Lake Shore & M. S. Ry. Co. v. WarrenWyoming Supreme Court · 1885
  5. Hayward v. CattonAppellate Court of Illinois · 1878

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