Haag v. Delorme
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bodge County. This is an action under the Mill Dam Act to recover damages for flowing lands. The answer sets up several defenses.
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APPEAL from the Circuit Court for Bodge County. This is an action under the Mill Dam Act to recover damages for flowing lands. The answer sets up several defenses. The plaintiff interposed a demurrer to the third defense therein,, alleging as ground of demurrer, that the same does not state facts sufficient to constitute a defense to the cause of action set forth in the complaint,- The circuit court overruled such demurrer, and from tbe order' overruling tbe same tbe plaintiff has appealed. Sucb third defense is as follows: “ And for a separate and third defense tbe respondents show that many…
1Opinion of the CourtLyoN, J.
The nature, qualities and duration of tbe user, or enjoyment of an easement, which, will constitute a valid right thereto by prescription, are precisely the same as are required by the statute of limitations to enable the occupants of lands to defeat the title of the true owner. An occupancy of the lands, to have this effect, must be continued, uninterrupted and adverse, for the length of time prescribed by the statute. By analogy to the general statute of limitations, and in the absence of any special statutory provision on the subject, the defendants will fail to show a right by…
2Cases cited4 opinions
- Postlethwaite v. PayneIndiana Supreme Court · 1856
- City of San Francisco v. FuldeCalifornia Supreme Court · 1869
- Hanson v. TaylorWisconsin Supreme Court · 1869
- Rooker v. PerkinsWisconsin Supreme Court · 1861
3Cited by11 opinions
- Fischer v. LaackWisconsin Supreme Court · 1890
- Lewis v. DisherWisconsin Supreme Court · 1873
- Sabine v. JohnsonWisconsin Supreme Court · 1874
- Finn v. Wisconsin River Land Co.Wisconsin Supreme Court · 1888
- Warren v. PutnamWisconsin Supreme Court · 1885
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