123 Wis. 54 | Wis. | 1904
In the present case it appears that the piece-of land in question was dedicated to the public use as a street by the then owner thereof in the year 1870, and that it was-accepted by the public and continuously used as a street until the year 1880; the plaintiffs, in 1879, having acquired' title to the parcel of land immediately adjoining the street on the south, and thereby having become owners of the south half of the street (being the parcel in dispute), subject to the-public easement thereon for street purposes. It further appears thgt the public ceased to use the premises for travel in. 1880, because the bridge across the river had been swept, away, and, when rebuilt, was approached from another street,, and that in 1887 or 1888 a public sewer was constructed through the parcel, which has ever since been maintained;, that in 1894 the plaintiffs conveyed to the defendant the piece of land which they bought in 1879, by a description which,, though erroneous in its calls, sufficiently described the parcel-as that part of block 19 “lying immediately south of where-the old bridge entered Eerry street, and extends 75 feet along' the easterly side of said First avenue.” ’ The defendant immediately went into possession of the parcel so sold, and has remained in possession thereof, together with the south half of the alleged street, ever since. It is entirely clear that if the strip in question was still a part of the public street in 1894, when the plaintiffs so deeded to the defendant, then the defendant acquired title thereto by that deed, subject only to the public easement, and that thereafter neither the abandonment by the city nor conveyance by the city could vest title in the plaintiffs.
Applying this principle to the present case, we find nothing •amounting to an estoppel in pais in the year 1894 or prior 'thereto. The most that can be said is that there was nonuse of the strip by the public for street purposes for nearly fourteen years, and that the public in 1884 accepted a deed of the strip from the original proprietor. The plaintiffs did not act, and paid out no money in reliance upon any act or refusal to act on the part of the city. Their position had not, in 1894, been changed or influenced in the least. The conclu
By the Oourt. — Judgment affirmed.