Legal Opinion

McIlquham v. Anthony Wilkinson Live Stock Co.

Wyoming Supreme Court

Decided October 5, 1909No. 587PublishedCited by 16 opinions

Error to the District Court, Laramie County, HoN. Roderick N. MatsoN, Judge. John J. Mcllquham brought the suit against the Anthony Wilkinson Live Stock Company to secure certain ways of necessity over the defendant’s lands. From a judgment in favor of defendant, the plaintiff prosecuted error. The material facts are stated in the opinion.

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Error to the District Court, Laramie County, HoN. Roderick N. MatsoN, Judge. John J. Mcllquham brought the suit against the Anthony Wilkinson Live Stock Company to secure certain ways of necessity over the defendant’s lands. From a judgment in favor of defendant, the plaintiff prosecuted error. The material facts are stated in the opinion. Where one conveys a parcel of land to another and the land is surrounded wholly by other land belonging to the grantor or by strangers, the grantee is entitled to a way of necessity over the grantor’s land without reference thereto in the deed itself. (23…

1Opinion of the Court

Beard, Justice.

The plaintiff in error, who was plaintiff below, brought this action against the defendant in error, which was defendant below, praying that plaintiff might have certain ways of necessity over and across the lands of defendant. A general demurrer was filed by defendant to the amended petition of plaintiff, which demurrer was sustained by the District Court, and the plaintiff electing to stand on his amended petition, the court dismissed the action and rendered judgment in favor of defendant and against plaintiff for costs, and plaintiff brings the case here on error.

The…

2Cases cited9 opinions

  1. Cosfriff Bros. v. MillerWyoming Supreme Court · 1902
  2. Corea v. HigueraCalifornia Supreme Court · 1908
  3. Gaines v. LunsfordSupreme Court of Georgia · 1904
  4. Vossen v. DautelSupreme Court of Missouri · 1893
  5. Atchison, Topeka & Santa Fe Railway Co. v. ConlonSupreme Court of Kansas · 1901

4 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. McGuire v. McGuireWyoming Supreme Court · 1980
  2. Snell v. RuppertWyoming Supreme Court · 1975
  3. Gregory v. SandersWyoming Supreme Court · 1981
  4. Martens v. Johnson County Board of CommissionersWyoming Supreme Court · 1998
  5. Voss v. Albany County CommissionersWyoming Supreme Court · 2003

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