F. W. Woolworth Co. v. Vogelsang
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Mani-towoc county: Michael Kirwan, Circuit Judge. The facts in this case can be presented much more clearly and briefly by aid of the accompanying diagram: The plaintiff is lessee of the premises indicated by D and E. E is vacant and upon D there is a building. The defendants own the premises A, B, and C. A is occupied by a building, B and C are vacant.
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Appeal from a judgment of the circuit court for Mani-towoc county: Michael Kirwan, Circuit Judge. The facts in this case can be presented much more clearly and briefly by aid of the accompanying diagram: The plaintiff is lessee of the premises indicated by D and E. E is vacant and upon D there is a building. The defendants own the premises A, B, and C. A is occupied by a building, B and C are vacant. The premises were formerly owned by William Rudolph and Bertha Frances Rudolph. They conveyed to predecessors in title of the defendants the south parcel of land represented on the diagram by D…
1Opinion of the CourtRosenberry, J.
The facts in the case were in the main stipulated, and it is argued here by the defendants that the court erred in the application of the law to the facts and in making certain inferences from admitted facts. The assignments raise two questions: First, Where is the right of way located? -and second, Do the points complained of (X and Y on the diagram) constitute a material encroachment on the way?
The court found that “the strip of land in dispute is the east eight (8) feet of the north 55 feet of the west half of lot 4” and lies on the east side of defendants’ premises; that is, the east line…
2Cases cited3 opinions
- Wallis v. First National Bank of RacineWisconsin Supreme Court · 1914
- Gimbel v. WehrWisconsin Supreme Court · 1917
- Childs v. DahlkeWisconsin Supreme Court · 1912
3Cited by4 opinions
- Hunter v. McDonaldWisconsin Supreme Court · 1977
- Dyer v. CompereNew Mexico Supreme Court · 1937
- Kleih v. Van SchoyckWisconsin Supreme Court · 1947
- Lehner v. KozlowskiWisconsin Supreme Court · 1944