Abbott v. Cremer
Wisconsin Supreme Court
Appeal from a judgment of .the circuit court for Monroe county: J. J. Feuit, Circuit Judge. This is an action to recover damages for taking ice which plaintiff claims he owned and possessed as purchaser from the lessee of the mill appurtenant to the land and ice pond.
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Appeal from a judgment of .the circuit court for Monroe county: J. J. Feuit, Circuit Judge. This is an action to recover damages for taking ice which plaintiff claims he owned and possessed as purchaser from the lessee of the mill appurtenant to the land and ice pond. It appears that William Vogel was lessee of the mill property in question; that plaintiff sought to purchase the exclusive right to cut the ice on the mill pond, and that the lessee of the mill gave him the privilege to cut whatever ice he needed; that under this arrangement plaintiff cleaned off and examined a portion of the…
1Opinion of the CourtSiebecker, J.
The ice field in controversy was located on land covered by a mill pond owned by Mrs. Vogel and her children as heirs of the deceased husband and father. The testimony tends to show that William F. Vogel was lessee of the mill and the water power appurtenant thereto, but *379nothing appears to show that he had any other interest in the mill property or in the land upon which the mill pond is situated. Plaintiff asserts no other right or interest to this ice bed other than the right secured from the lessee of the mill property. It is the settled law in this state that the title to the beds of…
2Cases cited5 opinions
- Olson v. MerrillWisconsin Supreme Court · 1877
- Bigelow v. ShawMichigan Supreme Court · 1887
- Becker v. HallSupreme Court of Iowa · 1901
- Reysen v. RoateWisconsin Supreme Court · 1896
- Balcom v. McQuestenSupreme Court of New Hampshire · 1888
3Cited by2 opinions
- Haase v. Kingston Co-operative Creamery Ass'nWisconsin Supreme Court · 1933
- Gadow v. HunholzWisconsin Supreme Court · 1915