Whaley v. Jarrett
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Fayette County. This is an action for a trespass in leaving open a gate erected by the plaintiff at the end of a private way which crossed his land. The defendants owning .the easement claim the right to have it kept open. All the other essential facts appear in the opinion.
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APPEAL from the Circuit Court for La Fayette County. This is an action for a trespass in leaving open a gate erected by the plaintiff at the end of a private way which crossed his land. The defendants owning .the easement claim the right to have it kept open. All the other essential facts appear in the opinion. Among other things, they contended that by describing the private way by metes and bounds, and making the highway the boundary at one end, the grantor had conveyed an open way. The right granted was to pass on and over the whole width of the way, not diminished by the gates. The…
1Opinion of the Court
Cole, O. J.
The rights of the defendants in the strip of land used for a private way must rest upon the clause in the deed to Alderson made by Stephens, June 7, 1865. That deed conveyed to Alderson certain lands in section 6, which are west of the strip in question, and contains this clause: “Also the following described strip of land, to be used by said second party as a private road, and - for private road purposes, to wit: Commencing at the N. W. corner of the S. W. ¿ of section 5, T. 1, R. 1, east of the 4th P. M., running thence E. 27 and 33-100 chains, to the present highway running from…
2Cases cited5 opinions
- Bakeman v. . TalbotNew York Court of Appeals · 1865
- Maxwell v. McAteeCourt of Appeals of Kentucky · 1848
- Baker v. FrickCourt of Appeals of Maryland · 1876
- Amondson v. SeversonSupreme Court of Iowa · 1873
- Houpes v. AldersonSupreme Court of Iowa · 1867
3Cited by11 opinions
- Dyer v. WalkerWisconsin Supreme Court · 1898
- Wille v. BartzWisconsin Supreme Court · 1894
- Boyd v. BloomIndiana Supreme Court · 1899
- Phillips v. DresslerIndiana Supreme Court · 1890
- Truax v. GregoryIllinois Supreme Court · 1902
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