Rau v. Freund
Wisconsin Supreme Court
Appeal from a judgment of tbe municipal court of Outa-gamie county: Albeet M. SpeNOEe, Judge. Tbis is an action to enjoin a continuing trespass on a tract of land in tbe city of Seymour and to recover damages for sucb alleged trespass. Tbe strip of land bere in question was owned, prior to March, 1874, by one Cyrus Need, wbo deeded it, as a part of a six-acre tract, to one Mitcbell at that time.
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Appeal from a judgment of tbe municipal court of Outa-gamie county: Albeet M. SpeNOEe, Judge. Tbis is an action to enjoin a continuing trespass on a tract of land in tbe city of Seymour and to recover damages for sucb alleged trespass. Tbe strip of land bere in question was owned, prior to March, 1874, by one Cyrus Need, wbo deeded it, as a part of a six-acre tract, to one Mitcbell at that time. In 1892 Mitcbell sold and conveyed tbe six acres to tbe plaintiffs, describing it by metes and bounds, tbe description being tbe same as that in the deed from Need to Mitcbell. After Need bad sold…
1Opinion of the CourtSiebecker, J.
The defendant justifies his acts of alleged trespasses on the strip of land in question upon the ground that it is a public street in the city of Seymour. The plaintiffs claim that the strip is not a street and that it is not subject to any easement whatsoever. Plaintiffs allege ownership of. the strip and that they are entitled to the possession thereof to the exclusion of the defendant and all other persons. The defendant denies these claims and alleges that the strip was platted as a public street, and if no public street exists he claims to have acquired the right to use the same as a *30pass…
2Cases cited4 opinions
- Fleischfresser v. SchmidtWisconsin Supreme Court · 1876
- Emmons v. City of MilwaukeeWisconsin Supreme Court · 1873
- Van Valkenburgh v. City of MilwaukeeWisconsin Supreme Court · 1872
- University of Our Lady of the Sacred Heart v. City of WatertownWisconsin Supreme Court · 1912