Hoff v. Olson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Yernon county: O. B. "WyMAN, Circuit Judge. The complaint states that the plaintiff is the owner of certain premises (describing them) of which he has been in exclusive possession for more than twenty years; that defendant owned adjoining promises; that on the dividing line there has been erected and maintained for more than twenty years a partition fence, as the demarkation line between the adjoining lands; that the defendant…
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Appeal from a judgment of the circuit court for Yernon county: O. B. "WyMAN, Circuit Judge. The complaint states that the plaintiff is the owner of certain premises (describing them) of which he has been in exclusive possession for more than twenty years; that defendant owned adjoining promises; that on the dividing line there has been erected and maintained for more than twenty years a partition fence, as the demarkation line between the adjoining lands; that the defendant threatens to remove said fence, to the irremediable injury of plaintiff, and he fears he will do so, unless restrained…
1Opinion of the Court
Bardeeñ, J.
The'reason usually assigned why a court of ■equity will not entertain actions of this kind is that the party seeking to prevent the threatened injury has an adequate remedy at law. Beach, Injunctions, § 1125, says: “ The inadequacy of the legal remedy is the foundation and indispensable prerequisite for the interposition of chancery in such matters, for the obvious reason that a legal remedy *120bas been devised to redress such wrongs, and, so long as the law provides an adequate remedy, equity bas no right to interfere.” It is well settled in this state, however, that equity will…
2Cases cited15 opinions
- Meyer v. GarthwaiteWisconsin Supreme Court · 1896
- Peck v. School District No. 4Wisconsin Supreme Court · 1867
- Tenney v. State Bank of WisconsinWisconsin Supreme Court · 1865
- Stein v. BenedictWisconsin Supreme Court · 1892
- Pierstoff v. JorgesWisconsin Supreme Court · 1893
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Post v. CampbellWisconsin Supreme Court · 1901
- Kimball v. Baker Land & Title Co.Wisconsin Supreme Court · 1913
- Baker v. BeckerWisconsin Supreme Court · 1913
- McIntyre v. CarrollWisconsin Supreme Court · 1927
7 more not listed; retrieve them via the Exa API.