The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1923-08-10
POINT PLEASANT
COTTAGERS WIN
JUDGE Comstock Filed Decisio n
Covering Property
Rights r..

Judge w. l.. Comstock filed three
decisions with Clerk Of Court Frank
Thompson this morning In the Blue
Earth county district court. One of
! these decisions will be Of more than
ordinary interest to the cottage
owners on Point Pleasant at Madi-
son Lake. About a year ago, Henry
p. Wherry and others interested In
Point Pleasant Hotel and the pro-
perty adjacent, served notice on
people owning cottages on the point
that they we've not to use the Deach
formed by the recession or the
waters of Lake Madison, as a pr1-
yate bathing beach. Mr.. Wherry
held that owing to the fact that he
owned a large portion OF the point
end of the peninsula, he also pos
sessed any riparian rights tnat
might acrue to the shore OF the
peninsula by any accretions thereto
by the receeding bed of the lake to
the northwest end of the lots In the
TOWNSHIP of Point Pleasant, and to
the southwest of Point Avenue,
which is a public street laid out for
the purpose of access to Point
Pleasant Hotel and grounds.
Point Avenue. Laid Out
The briefs in the case state that
! in 1883 Jesse M. Barclay and wife
were the owners Of the peninsula
known as Point Pleasant. They had
this land plated into the townstte
! of Point Pleasant, and at that time
used the meander lines Of the lake
by which to determine boundaries.
/ In plating the townsite, Point
avenue was laid out from the main
L OF nf
lot owners and access to Point
Pleasant Hotel located on the apex
of the peninsula.
The j. c. Wise estate owners OF
lot one and other owners OF lots
on the point, took issue with Mr..
Wherry through their attorneys j.
W. Schmitt and H. w. .Volk in the
district court, and brought action
to quiet title to their property. At
torney Evan Hughes represented
the Wherrys in this action. -
: This morning Judge w. L. Com
stock filed an order with Clerk Of
Court Thompson in favor Of the
plaintiffs, and denying the riparian
rights of the Wherry estate. 49,
The owners Of the lots on the
point are entitled to all >accretions
to their property caused by the re-
cession of the waters of the lake
from the established meander line
on the northwest, and on the
southwest subject to the vacation of
Point avenue. This means that the
lot owners are entitled to the beach
to the front and rear of the lots.
| Order In Divorce
! An order was filed in the divorce
case of w. H. Anderson against
Ottilla Anderson In which the
plaintiff and defendant are separ-
ated from bed and board for the
period of twelve months, and are
required ito live apart for that
term, however, the parties to the
action will be permitted to petition
the court to make the order per-
manent, or otherwise modify it as
the circumstances will then war
rant. It Is further stipulated that
the plaintiff, w. H. Anderson is to
grant the use and benefits OF the
homestead to Mrs. Anderson, and.
also pay her $50 per month on the
first of each month toward her
individual support.
The plaintiff alleged cruel and
inhuman treatment as the grounds
a cross bill charging the same Of
tense or cause Of action. C. j.
Laurisch appeared as attorney for
the, plaintiff and Regan and Grogan
for the defendant.
Ditch Order Filled
! An order was filed by the court in
the matter of Judicial Ditch No. 38
at Amboy in which the Cooperative
Creamery association of that village
is permitted upon payment of 5000
to enter a branch into the ditch so
as to carry off surplus water from
the creamery.