Ellis v. Northern Pacific Railroad
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Douglas County. Action to quiet .title to lands. Tbe facts are stated in tbe opinion. Tbe defendant railroad company appeals from a judgment in favor of tbe plaintiff.
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APPEAL from tbe Circuit Court for Douglas County. Action to quiet .title to lands. Tbe facts are stated in tbe opinion. Tbe defendant railroad company appeals from a judgment in favor of tbe plaintiff. They contended, inter alia, that tbe suit in tbe United States court was for wholly different lots and lands, though both that case and this involved, in respect to different estates, the same controversy, namely, whether tbe contract of donation and deed of conveyance made in pursuance of it were valid or void. In this case tbe plaintiff founds bis title to relief solely upon tbe ground that…
1Opinion of the CourtWiNslow, J.
This action, brought- to quiet title, has been once before this court upon demurrer to the complaint. 77 Wis. 114.
As will be seen by consulting the opinion upon that appeal, the complaint charged that the title claimed by appellant railroad company was derived by virtue of an attempted donation by Douglas county in consideration of the building and equipment of a certain line of railroad. This court then held, following Whiting v. S. & F. du L. R. Co. 25 Wis. 167, that the county had no authority to make such a donation, and consequently that the title thereby acquired *464was void. It seems that…
2Cases cited6 opinions
- Whiting v. Sheboygan & Fond Du Lac RailroadWisconsin Supreme Court · 1870
- Lathrop v. KnappWisconsin Supreme Court · 1875
- Fire Department of Oshkosh v. TuttleWisconsin Supreme Court · 1880
- Hackett v. CarterWisconsin Supreme Court · 1875
- Noonan v. OrtonWisconsin Supreme Court · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Lindemann v. RuskWisconsin Supreme Court · 1905
- Kiley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1910
- South Bend Chilled Plow Co. v. George C. Cribb Co.Wisconsin Supreme Court · 1900
- Schoenleber v. BurkhardtWisconsin Supreme Court · 1896
- Legault v. MalackerWisconsin Supreme Court · 1917
12 more not listed; retrieve them via the Exa API.