Hooe v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. G-. SibbeoiceR, Circuit Judge. This is a proceeding for the condemnation of certain lands for tbe right of way of the respondent’s railroad, instituted by the appellants against the railroad company. The road has been built and in complete operation since June, 1856. The appellants are the heirs at law and devisees under the will of a former owner of the land.
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Appeal from a judgment of the circuit court for Dane county: E. G-. SibbeoiceR, Circuit Judge. This is a proceeding for the condemnation of certain lands for tbe right of way of the respondent’s railroad, instituted by the appellants against the railroad company. The road has been built and in complete operation since June, 1856. The appellants are the heirs at law and devisees under the will of a former owner of the land. One Alexander S. Hooe was seised of the lands at the time of his death. He died in 1847, leaving a will, whereby he left all his estate to his widow, Emilie Hooe, during…
1Opinion of the CourtNewmaN, J.
There is no dispute about the facts. The contention is over the proper application of the law to the undisputed facts. It is whether the appellants are barred from the maintenance of this proceeding for the condemnation of the lands for respondent’s right of way, by any statute of limitations. The contention,. in substance, is that because the appellants were mere remaindermen, having no right of action to recover the possession of the land from a person holding under the life tenant until after the termination of the life estate, they had no right to maintain this proceeding. So,…
2Cases cited1 opinion
- Frey v. Duluth, South Shore & Atlantic Railway Co.Wisconsin Supreme Court · 1895
3Cited by7 opinions
- Oklahoma City v. WellsSupreme Court of Oklahoma · 1939
- Kuhl v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1898
- Babcock v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
- McCord v. Eastern Railway Co. of MinnesotaWisconsin Supreme Court · 1908
- New Dells Lumber Co. v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1936
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