Pentland v. Keep
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Bode County. The plaintiff and the defendant are the owners respectively of adjoining lots in the city of Beloit. The plaintiff claims a right of way over the lot of the defendant to his lot, which he alleges the defendant has obstructed or encroached upon by erecting a stone building on her lot, in 1874, covering a portion of such way. This action is to recover damages for, and to obtain an abatement of, the alleged obstruction.
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APPEAL from tlie Circuit Court for Bode County. The plaintiff and the defendant are the owners respectively of adjoining lots in the city of Beloit. The plaintiff claims a right of way over the lot of the defendant to his lot, which he alleges the defendant has obstructed or encroached upon by erecting a stone building on her lot, in 1874, covering a portion of such way. This action is to recover damages for, and to obtain an abatement of, the alleged obstruction. In his complaint the plaintiff claims such right of way by grant, reservation and prescription. The answer of the defendant (among…
1Opinion of the CourtLyon, J.
Ye have no question in this case o£ a way of necessity, as in Dillman v. Hoffman, 38 Wis., 559; for the store of the plaintiff fronts npon a public street, and access to it is not dependent npon a way across the defendant’s lot. Hence, if the plaintiff has a right of way to his store over the lot of the defendant, such right must rest in express grant or in prescription.
1. Has he such right by virtue of a valid, effectual grant? It may he assumed for the purposes of the case, that if there was then a right of way across store-lot Ho. 3, appurtenant to lot Ho. 2, the conveyance of the latter…
2Cases cited2 opinions
- Dillman v. HoffmanWisconsin Supreme Court · 1875
- Rooker v. PerkinsWisconsin Supreme Court · 1861
3Cited by11 opinions
- Shellhouse v. StateIndiana Supreme Court · 1887
- Nowlin v. WhippleIndiana Supreme Court · 1889
- Miller v. HoeschlerWisconsin Supreme Court · 1905
- Shellow v. HagenWisconsin Supreme Court · 1960
- Cunningham v. San Saba CountyCourt of Appeals of Texas · 1892
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