Miller v. Hoeschler
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse county: J. J. Ebuit, Circuit Judge. Erom 1870 to the time of his death in 1891, one Joseph Leinfelder owned lots 7, 8, and 9 in a certain platted addition to the city of La Crosse. Such lots lay longitudinally east and west; the east end hounding on an alley and the west end on a government subdivision line.
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Appeal from a judgment of the circuit court for La Crosse county: J. J. Ebuit, Circuit Judge. Erom 1870 to the time of his death in 1891, one Joseph Leinfelder owned lots 7, 8, and 9 in a certain platted addition to the city of La Crosse. Such lots lay longitudinally east and west; the east end hounding on an alley and the west end on a government subdivision line. A few feet further west was ETinth street in said city, between the east line of which and the west line of said lots lay a strip of land six feet wide at the south end and sixteen feet at the north end, which-did not belong to the…
1Opinion of the CourtDodge, J.
The error assigned is the refusal to award to-plaintiff an easement over and upon the strip lying between-his premises and the street for use “as a dooryard.” Doubtless, had plaintiff’s grantor owned both the strip and the house and lot, there might have arisen, from the mere exhibition of' the premises, an inference of such mutual mistake or fraud as would have aroused an equity in plaintiff’s favor. Obviously, however, that grantor could not convey what he did' not own, and appellant’s claim to an easement must rest on the existence of one in his grantor appui’tenant to the…
2Cases cited23 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- John Hancock Mutual Life Insurance v. PattersonIndiana Supreme Court · 1885
- Janes v. JenkinsCourt of Appeals of Maryland · 1871
- Keats v. HugoMassachusetts Supreme Judicial Court · 1874
- Buss v. DyerMassachusetts Supreme Judicial Court · 1878
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3Cited by28 opinions
- Prah v. MarettiWisconsin Supreme Court · 1982
- Morris v. BluntUtah Supreme Court · 1916
- Dressler v. IsaacsOregon Supreme Court · 1959
- Haas v. BrannonSupreme Court of Oklahoma · 1924
- Backhausen v. MayerWisconsin Supreme Court · 1931
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