Ill. Steel Co. v. Jeka

• Decision Date: 08 January 1901
• Citation: 84 N.W. 1119,109 Wis. 449
• Parties: ILLINOIS STEEL CO. v. JEKA ET AL.
• Court: Wisconsin Supreme Court

109 Wis. 449

84 N.W. 1119

ILLINOIS STEEL CO.

v.JEKA ET AL.

Supreme Court of Wisconsin.

Jan. 8, 1901.

Appeal from superior court, Milwaukee county; J. C. Ludwig, Judge. Ejectment by the Illinois Steel Company against Xaver Jeka and others. The issue in this case is the same, though different property is involved, as that in Steel Co. v. Bilot (decided herewith) 84 N. W. 855. Plaintiff proved prima facie record title to territory including such property. The evidence on the part of defendants is to the effect that the territory of which the premises in dispute form a part is called “Jones Island”; that it was originally a sand flat, created by the movement of the waters of Lake Michigan, and was submerged by water from three to nine feet deep; that it was made feasible to construct buildings thereon by artificial filling. The evidence was further to the following effect: In 1872 some nine families resided on the territory called “Jones Island.” It was then all covered by water. One Truher owned one of the houses and claimed dominion over the entire territory. At the time stated Truher surrendered his house and his claim of dominion over the entire territory to Jacob Muza, who immediately took possession of such house. Truher did not pretend to sell to Muza the houses occupied by the other persons located on the island, but pretended to surrender to him dominion over the entire island. There was some kind of a paper transfer by Truher to Muza of the house itself, but the paper has been lost. Whether such paper referred to any part of the territory aside from that occupied by the house, or anything but the house, does not clearly appear. From the time of the transaction related, between Muza and Truher, the former prohibited any person from exercising any act of ownership or from occupying any part of the territory except by his express permission. He exercised acts of ownership over the entire territory by preventing other persons from coming thereon as stated, and by building breakwaters to control the action of the water of Lake Michigan and prevent it from impairing the use of the premises for dwelling-house purposes, and by otherwise improving the territory for such purposes. From time to time he permitted persons to select portions of the submerged territory, to fill up the same and locate houses thereon. There was no fence on any part of the territory when Muza located there, and no place to build a house except as made by...