Thoemke v. Fiedler
Wisconsin Supreme Court
Appeai, from a judgment of the county court of Wau-kesha county: M. S. GRiswold, Judge. The plaintiff is the owner of the E. •§■ of the 1ST. W. \ of section Ho. 32 in township Ho. 7 H., of range Ho. 17 E. In 1855 these premises were owned by one Johan Ealkheimer, who conveyed them to the plaintiff in 1874. The defendant Fred G. Fiedler is the owner of the S. "W. J of the said H. W. -j.
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Appeai, from a judgment of the county court of Wau-kesha county: M. S. GRiswold, Judge. The plaintiff is the owner of the E. •§■ of the 1ST. W. \ of section Ho. 32 in township Ho. 7 H., of range Ho. 17 E. In 1855 these premises were owned by one Johan Ealkheimer, who conveyed them to the plaintiff in 1874. The defendant Fred G. Fiedler is the owner of the S. "W. J of the said H. W. -j. In 1855 these premises were owned by the defendant Michael Fiedler, who conveyed them to the defendant Fred G. Fiedler in 1893. One Oaspar Shelhorn owned the W. I- of the S. W. -j- of said section. In the year…
1Opinion of the Court
37ewmaií, J.
The oral agreement under which the ditch across the defendants’ land was made did not create an easement in the land. An easement is a permanent interest in *390the lands of another, with a right to enjoy it fully and without obstruction. Such an interest cannot be created by parol. It can be created only by a deed in writing, or by prescription. But this agreement did have the effect of a parol license. A license creates no estate in lands. It is a bare authority to do a certain act or series of acts upon the lands of another. It is a personal right, and is not assignable. It is gone…
2Cases cited19 opinions
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
- White v. Manhattan Railway Co.New York Court of Appeals · 1893
- Woodward v. SeelyIllinois Supreme Court · 1849
- Minneapolis Mill Co. v. Minneapolis & St. Louis Ry. Co.Supreme Court of Minnesota · 1892
- Cronkhite v. . CronkhiteNew York Court of Appeals · 1884
14 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Hicks Bros. v. Swift Creek Mill Co.Supreme Court of Alabama · 1901
- Huber v. StarkWisconsin Supreme Court · 1905
- Munsch v. StelterSupreme Court of Minnesota · 1910
- Bruley v. GarvinWisconsin Supreme Court · 1900
- Goldstine v. TolmanWisconsin Supreme Court · 1914
16 more not listed; retrieve them via the Exa API.