Luttropp v. Kilborn
Wisconsin Supreme Court
1Opinion of the CourtCrownhart, J.
We have examined the evidence in this case, and conclude that the findings of fact of the trial court are fairly sustained.
It is a general rule of law that a reservation or grant of right of way by a grantor who owns adjoining lands to which the right of way is beneficial is held to be appurtenant to such premises. Barkhausen v. C., M. & St. P. R. Co. 142 Wis. 292, 124 N. W. 649, 125 N. W. 680. In that case the court adopted the rule in the following language:
“When it appears by the true construction of the terms of a grant that it was the well-understood purpose of the parties to create or…
2Cases cited3 opinions
- Barkhausen v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1910
- Spensley v. ValentineWisconsin Supreme Court · 1874
- Jones v. HoffmanWisconsin Supreme Court · 1912
3Cited by2 opinions
- Wegner v. ErffmeyerWisconsin Supreme Court · 1927
- Vieth v. DorschWisconsin Supreme Court · 1956