MILWAUKEE COUNTY v. CITY OF MILWAUKEE


259 Wis. 560 (1951)

MILWAUKEE COUNTY, Appellant, vs. CITY OF MILWAUKEE, Defendant: MILWAUKEE YACHT CLUB, Respondent.

Supreme Court of Wisconsin.

September 14, 1951.

November 6, 1951.


Attorney(s) appearing for the Case

For the appellant there were briefs by William J. McCauley, district attorney, Oliver L. O'Boyle, corporation counsel, and Robert P. Russell, assistant corporation counsel, attorneys, and Carl B. Rix of Milwaukee of counsel, and oral argument by Mr. O'Boyle and Mr. Rix.

For the respondent there were briefs by Lines, Spooner & Quarles and Quarles, Spence & Quarles, attorneys, and Louis Quarles, Maxwell H. Herriott, and Edward H. Borgelt of counsel, all of Milwaukee, and oral argument by Mr. Herriott.


BROADFOOT, J.

The deed from the city to the county dated September 19, 1938, recited in part:

"This deed is given to correct the legal description designated as parcel No. 1 and contained in warranty deed dated November 12, 1936, . . . being a conveyance of the premises now known as McKinley Park."

In its memorandum decision the trial court stated:

"As to the county's second cause of action for reformation, I find the fact to be that the deed...

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