Koenigs v. Jung
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The facts will sufficiently appear from the opinion. To the point that defendants’ prescriptive right to maintain a vault under plaintiff’s lot gave them no right to claim the lot above it or to exclude plaintiff from its possession, counsel for the respondent cited 1 Washb. Real Prop. (3d ed.), 12; 3 id. 338-40; Oaldwell v. Fulton, 31 Pa. St. 475, 72 Am. Dec. 760, and note; Hartwell v. Oamman, 10 N. J. Eq. 128, 64 Am.
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APPEAL from the Circuit Court for Milwaukee County. The facts will sufficiently appear from the opinion. To the point that defendants’ prescriptive right to maintain a vault under plaintiff’s lot gave them no right to claim the lot above it or to exclude plaintiff from its possession, counsel for the respondent cited 1 Washb. Real Prop. (3d ed.), 12; 3 id. 338-40; Oaldwell v. Fulton, 31 Pa. St. 475, 72 Am. Dec. 760, and note; Hartwell v. Oamman, 10 N. J. Eq. 128, 64 Am. Dec. 448, and note; MoOlintoch v. Bryden, 63 Am. Dec. 100 Riddle v. Brown, 56 id. 202; Mott v. Palmer, 11ST. Y. 570; United…
1Opinion of the CourtCole, C. J.
This is an action for a trespass on real estate. The plaintiff claims to own and to be in possession of the east 122 feet of the south half of lot 1, in block 131, of the Eirst ward of the city of Milwaukee. The lot is claimed to have an east frontage of 30 feet on Milwaukee street, and to extend west at a uniform width from the west line of said street, 122 feet. The gravamen of the complaint is that the defendants — who own premises on the north and west — wrongfully entered upon the west end of the plaintiff’s lot, took down fences and improvements, dug up the soil, and proceeded to erect…
2Cases cited3 opinions
- Cord v. SouthwellWisconsin Supreme Court · 1862
- City of Racine v. J. I. Case Plow Co.Wisconsin Supreme Court · 1883
- Reid v. CaseWisconsin Supreme Court · 1861
3Cited by14 opinions
- Romans v. NadlerSupreme Court of Minnesota · 1944
- City of Racine v. EmersonWisconsin Supreme Court · 1893
- Smith v. Otto Hendrickson Post 212, American LegionSupreme Court of Minnesota · 1954
- City of Madison v. MayersWisconsin Supreme Court · 1897
- Klinkner v. SchmidtSupreme Court of Iowa · 1901
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