McCourt v. Eckstein
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Ejectment, for a strip of land 147 feet long and six inches ' wide, in the city of Oshkosh. Defendant owned a lot immediately south, of one belonging to plaintiff, and had erected a brick building thereon, upon a stone foundation. Plaintiff afterwards erected a similar building on bis lot, putting bis wall eight inches from defendant’s north brick wall, and, as be claims, at least that far from the division line.
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APPEAL from the Circuit Court for Winnebago County. Ejectment, for a strip of land 147 feet long and six inches ' wide, in the city of Oshkosh. Defendant owned a lot immediately south, of one belonging to plaintiff, and had erected a brick building thereon, upon a stone foundation. Plaintiff afterwards erected a similar building on bis lot, putting bis wall eight inches from defendant’s north brick wall, and, as be claims, at least that far from the division line. These eight inicies include the premises in controversy, which plaintiff claims he is prevented from building upon by the…
1Opinion of the CourtDixoN, C. J.
Whether the overreaching of the bottom of Eckstein’s foundation wall eight inches on to the land of Me Court, or, as some of the witnesses testify, the projection of some of the stones of the foundation eight inches over on to Me Court’s lot, constitutes such an ouster or disseizin of Me Court as will enable him to maintain ejectment, is a matter of which I have very great doubt. I am strongly inclined to think that it does not'. My brethren, however, are of a contrary opinion, and think that it is such an occupancy by Eckstein, and disturbance of the full and free use and enjoyment of…
2Cases cited2 opinions
- Proprietors of the Kennebeck Purchase v. SpringerMassachusetts Supreme Judicial Court · 1808
- Aiken v. BenedictNew York Supreme Court · 1863
3Cited by11 opinions
- Butler v. . Frontier Telephone Co.New York Court of Appeals · 1906
- Childs v. NelsohWisconsin Supreme Court · 1887
- Huber v. StarkWisconsin Supreme Court · 1905
- Murphy v. BolgerSupreme Court of Vermont · 1888
- Rahn v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1899
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