Legal Opinion

Mariner v. Schulte

Wisconsin Supreme Court

Decided January 2, 1861PublishedCited by 14 opinions

APPEAL from tbe Circuit Court for Milwaukee County. Ej ectment for tbe pi ece of ground in tbe city of Milwaukee, lying in front of lots 4 and 5 in block 51, and between those lots and tbe east side of Biver street, as indicated on tbe aboye plat.

Read the full summary

APPEAL from tbe Circuit Court for Milwaukee County. Ej ectment for tbe pi ece of ground in tbe city of Milwaukee, lying in front of lots 4 and 5 in block 51, and between those lots and tbe east side of Biver street, as indicated on tbe aboye plat. On the trial, the plaintiff deduced his title, through several mesne conveyances, from Wells & White, who derived their title to the premises in controversy, under a quit-claim deed from Juneau, (who was the patentee of the quarter section in which the premises are situated,) dated November 2d, and recorded November 5th, 1849. This deed declared…

1Opinion of the Court

By the Court,

Cole, J.

The instructions of the circuit court, given upon the trial of this cause, appear to us to have been quite as favorable to the appellant as the facts and cir*705cumstances of tbe case would, warrant. Tbe charge with regard to tbe rights of riparian owners upon tide-waters, ponds and inland streams, is in strict hármony with tbe great current of authority upon that branch of law. This court has had occasion to consider somewhat the nature and extent of those rights, and has affirmed the general doctrine that purchasers of lands lying upon the banks of a stream above the ebb…

2Cases cited2 opinions

  1. Kimball v. City of KenoshaWisconsin Supreme Court · 1856
  2. Jones v. PettiboneWisconsin Supreme Court · 1853

3Cited by14 opinions

  1. Cox v. Louisville, New Albany, & Chicago RailroadIndiana Supreme Court · 1874
  2. Willow River Club v. WadeWisconsin Supreme Court · 1898
  3. Diedrich v. Northwestern Union Railway Co.Wisconsin Supreme Court · 1877
  4. Stewart v. . TurneyNew York Court of Appeals · 1923
  5. Backus v. City of DetroitMichigan Supreme Court · 1882

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API