Dyer v. Walker
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for G-rant county: Geo. Olementsoet, Circuit Judge. This was an action of trespass, tried by the court; and it was found that the plaintiff was the owner in fee simple and in possession of forty acres of land, to wit, the S. E. of the S. E. \ of section 10, township 5, range 3, in Grant county, which was improved farming land, inclosed by substantial fences, a public highway crossing said tract in an easterly and westerly direction…
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Appeal from a judgment of the circuit court for G-rant county: Geo. Olementsoet, Circuit Judge. This was an action of trespass, tried by the court; and it was found that the plaintiff was the owner in fee simple and in possession of forty acres of land, to wit, the S. E. of the S. E. \ of section 10, township 5, range 3, in Grant county, which was improved farming land, inclosed by substantial fences, a public highway crossing said tract in an easterly and westerly direction near its south line. The defendant owned and occupied as his homestead farming lands which bounded said tract of land…
1Opinion of the CourtPinney, J.
The finding of the court is abundantly sustained by the evidence, and we think the pleadings and facts found clearly sustain the judgment. The defendant had an easement over the tract of land of the plaintiff, but his rights are confined to a reasonable use of the way which he had acquired by prescription, in view of all the circumstances of the ■case and the use then and theretofore made of the premises affected by it. It is expressly found that the building of the fence in question was necessary to the convenient and profitable use by the plaintiff of his said forty-acre tract of land, and…
2Cases cited5 opinions
- Brill v. . BrillNew York Court of Appeals · 1888
- Maxwell v. ReedWisconsin Supreme Court · 1859
- Wille v. BartzWisconsin Supreme Court · 1894
- Whaley v. JarrettWisconsin Supreme Court · 1887
- Sizer v. QuinlanWisconsin Supreme Court · 1892
3Cited by14 opinions
- O'BANION v. BorbaCalifornia Supreme Court · 1948
- Ogle v. TrotterCourt of Appeals of Tennessee · 1973
- Luster v. GarnerTennessee Supreme Court · 1913
- Long v. GarrisonCourt of Appeals of Tennessee · 1925
- Greve v. CaronMichigan Supreme Court · 1925
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