Schwallback v. Chicago, Milwaueee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. The following statement of the case was prepared by Mr. Justice Cassoday: This action of ejectment was commenced May 12, 1886, and is for a strip of land described, being 120 feet in width and containing about one and-four-tenths acres, and lying on the southerly side of, and adjoining the defendant’s right of way at, Germantown station. Upon the trial the following facts were proved by record evidence, and are undisputed.
Read the full summary
APPEAL from the Circuit Court for Washington County. The following statement of the case was prepared by Mr. Justice Cassoday: This action of ejectment was commenced May 12, 1886, and is for a strip of land described, being 120 feet in width and containing about one and-four-tenths acres, and lying on the southerly side of, and adjoining the defendant’s right of way at, Germantown station. Upon the trial the following facts were proved by record evidence, and are undisputed. Both parties claim title to the strip of land in question through one Witlin. In 1853 he owned the whole forty within…
1Opinion of the CourtCassoday, J.
It appears that the strip of land in question, lying along the southwesterly side of the defendant’s right of way, was used and cultivated by the plaintiff’s several grantors until the fall of 1885. It was then fenced off by the defendant. That was after the plaintiff obtained from his father a warranty deed of the thirty-five and fifty-six hundredths acres, and before he obtained from him his quitclaim deed. The two strips of land mentioned, claimed by the defendant, and being in that forty, together contained a little over three acres. During the eighteen or twenty years that the…
2Cases cited13 opinions
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Proprietors of the Kennebeck Purchase v. SpringerMassachusetts Supreme Judicial Court · 1808
- Cole v. . HughesNew York Court of Appeals · 1873
- Norcross v. JamesMassachusetts Supreme Judicial Court · 1885
- Hartung v. WitteWisconsin Supreme Court · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Flesher v. CallahanSupreme Court of Oklahoma · 1912
- Gardner v. WrightOregon Supreme Court · 1907
- McClenahan v. StevensonSupreme Court of Iowa · 1902
- Gilchrist v. FoxenWisconsin Supreme Court · 1897
- Fort Wayne Smelting & Refining Works v. City of Fort WayneIndiana Supreme Court · 1938
20 more not listed; retrieve them via the Exa API.