Legal Opinion

Luttropp v. Kilborn

Wisconsin Supreme Court

Decided February 10, 1925PublishedCited by 2 opinions

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

  1. Barkhausen v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1910
  2. Spensley v. ValentineWisconsin Supreme Court · 1874
  3. Jones v. HoffmanWisconsin Supreme Court · 1912

3Cited by2 opinions

  1. Wegner v. ErffmeyerWisconsin Supreme Court · 1927
  2. Vieth v. DorschWisconsin Supreme Court · 1956

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